Sexual Harassment

Sexual Harassment and other Employment Relations matters traditionally hinge upon he-said/she-said types of allegations and first-hand witnesses.

Complicating these types of cases is the fact that many times there’s a gray line between what was said and done versus what was meant and how it was perceived. Tie in the emotional aspects of these matters and one can see that the more concrete the evidence is, the better the results.

As an organization that focuses on analyzing electronic evidence and treating electronic devices as witnesses in a digital forensic investigation. We believe that the results are best achieved by the use of relevant data sources such as, analyzing the artifacts and correspondence on electronic devices versus relying upon the recollection of individuals. Electronic devices take no sides, carry no emotional baggage, have impeccable memories, are not biased and in general make excellent witnesses.

How Vestige Assists Plaintiffs in Sexual Harassment matters

In these matters, Vestige assists by:

  • Preserving relevant data sources of the plaintiff to ensure that plaintiff’s house is “in order”
  • Assisting plaintiff’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of plaintiff and/or plaintiff’s witnesses
  • Authentication of evidence that counsel is intending to introduce and use to negotiate settlement
  • Verify/validate correspondence, e-mail communications and other activity to prove and/or disprove claims of sexual harassment
  • Establish behavioral models and establish persistent harassment patterns (if applicable)
  • Prepare counsel for requesting relevant electronic evidence from defendant, relevant third parties and defendant’s witnesses
  • Attendance at 26(f) conference or similarly designed conference
  • Prepare counsel for 30(b) deposition cross-examination
  • Assess defendant’s litigation hold response and sufficiency of preservation, collection and analysis phases of discovery
  • Assist plaintiff with review of data received in discovery

How we Assist Defendants in Sexual Harassment matters

  • Identifying, preserving and collecting electronic data stored in relevant electronic data sources
  • Prepare Defensible Preservation Plan to ensure that defendant’s house is “in order” and to prevent side-bar litigation surrounding the discovery ‘process’
  • Establish iron-clad Litigation Hold
  • Assist defendant’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of the defendant and/or defendant’s witnesses
  • Identifying relevant electronic data which plaintiff may have and prepare counsel for requesting such data
  • Establish existence of correspondence, user activity, witness activity, etc., to support and/or disprove defendant’s position
  • Advise defending counsel and/or analyze plaintiff’s systems surrounding spoliation issues which affect defendant’s ability to defend its case
  • Attendance at 26(f) conference or similarly designed conference
  • Provide case-building expertise to assist defendant’s counsel with obtaining the facts early on in the matter to allow counsel and client to resolve case strategy issues, evaluate settlement options and to properly price the matter
  • Assist in privilege and relevancy review in preparation for discovery
  • Prepare relevant, responsive and non-privileged electronic evidence for production to plaintiff

 

Contact Us today to discuss how Vestige can assist with your Sexual Harassment matter.

 

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