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Client Success Stories: Electronic Discovery and Computer Forensics

Alvarez & Marsal’s Forensic Technology and Data Mining professionals have assisted clients involved in high-stakes litigation and investigations to collect, manage, process and produce electronically-stored information. Our professionals have assisted clients involved in SEC and DOJ investigations, FCPA investigations, internal investigations, theft of trade secrets litigation and contract disputes.

SEC and DOJ Investigations

A high technology chips manufacturing company was under investigation for alleged channel stuffing and fraudulent accounting procedures surrounding several acquisitions. Alvarez & Marsal worked with a Big Four auditor to establish a collection and processing methodology for the investigation. Since auditors were uncomfortable with the reports they had received from the company’s vendors, our professionals also performed an overall quality check (“QC”) on the vendor’s reporting processes. As a result of A&M’s investigation, more than 25,000 previously unreported e-mails were uncovered and auditors signed off on the company’s restatement.

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FCPA Investigations

A multi-national pharmaceutical firm hired Alvarez & Marsal to investigate alleged bribes to government officials. The company had acquired multiple smaller pharmaceutical firms in various countries. As a result of the acquisitions, the company amassed a mix of e-mail and backup systems and IT staff that did not speak English. Our professionals worked with the company’s attorneys to develop a comprehensive plan to collect and process all relevant electronically-stored information, which included e-mail, user documents and accounts payable systems. In completing the investigation, the A&M team was able to identify the individuals who were bribing government officials.

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Internal Investigations

An automobile manufacturing company was facing multiple audit committee investigations involving more than 300 custodians. The company had hired two professional services firms to assist in preparation for the investigation, but those firms were unable to reach an agreement on collection and processing protocols. Alvarez & Marsal stepped in, and within two months, developed a unified plan for collecting and processing all electronically-stored information. In addition, the A&M team obtained approval from the company’s Big Four auditor on the methodology.

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Theft of Trade Secrets Litigation

Alvarez & Marsal professionals have imaged and analyzed information from thousands of computers and developed fact patterns to assist in proving allegations of the theft of trade secrets. Our experience includes investigating companies based in foreign countries, where utilizing foreign language search techniques is crucial, to establish fact patterns needed to prove theft of trade secrets.

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