Trade Secret and IP Investigations

A design engineer at a subsea company leaves, and two quarters down the line a rival shows off something that took your team three years to build. For the engineering supply chain surrounding Dyce and Altens, for spin-outs from the two universities, and for the software companies servicing both of them, that event is documented in an itemised, dated format: What left? The route that it travelled? How does the rival material sit next to your originals?

◇ Footing first, then the bench time. It all begins with the free diagnostic, which is then followed by a written scope, and forensic fees must be paid before any actual examination can take place. Generally speaking, in most cases you only pay if we recover your data; the exceptions are electronic and mechanical failures, chip-level work, DVR jobs and forensic jobs. Full pricing can be found on the data recovery cost page.

// early signs worth acting on

Signs that intellectual property is already moving

Typically the engineering and product companies will identify these issues prior to all others. The issue of preservation has to be resolved before you can begin to investigate; and both processes must occur well before you confront the individual.

A senior departure surfaces at a rival, or quietly incorporates one
Repositories, drawing libraries or formulations copied while notice ran
A competing bid lands uncomfortably close to your own tender figure
Unusual volumes leaving for portable media or cloud storage in a last month
Protected folders opened well past anything the role ever needed
A rival product carrying too much of your geometry to be coincidence

A valid login, turned to another purpose

Trade secrets rarely leak because someone broke into your system. Instead they leave via an active user ID, mid-week, buried in the traffic of a busy network. The only time this is noticed is months later when a project bid is lost by a hair, or a rival product hits the market that has some of the same design elements. This leads to three questions and each can be answered using data from your current IT systems. What moved. By which channel. On what dates.

Rebuilding the road out

Work begins from images of the relevant workstations and the server that stores the files. Then, the exit trace is constructed from beginning to end. Records for devices capture the release (i.e., export) of repository and drawing collections in a single event. Activity related to browser and sync client is captured as an upload into an individual's private storage area. Activity related to printing bunches around the protected folder areas. Material deleted by someone who cleaned up after themselves is recovered. Finally, the copy is scanned for part numbers, project codes and confidential designations; therefore, if a person renamed a file when it was being exported, it would still be detected rather than slipping past on a technicality.

What a file says about where it came from

The moment your material sits somewhere else, parentage becomes the whole argument. CAD drawings, PDFs and Office documents all contain a record of who made them, which company, how many revisions there are and when they were saved. They also include reference numbers, and these records remain with a document even if it gets renamed and slightly edited. When compared to your original documents, those records can show which document was based on which. A copy of your work will have to come through an appropriate legal avenue (either through recovery of documents or under a court order) before a judge can weigh up whether this version is similar enough to be relevant.

The opening fortnight sets the ceiling

IP claims get their shape early. Capture images as soon as possible, so that the record is fixed before anybody tidies, and that decides whether your application for interim interdict, or an order under section 1 of the Administration of Justice (Scotland) Act 1972 for preservation and recovery, is based upon proof or simply inference. Withdraw the computers, then capture them. The reports are completed to evidential standards. Findings from our examination are kept in front of the appendix. We work strictly within the bounds of any order that the court makes regarding a respondent's computer equipment. No covert collection occurs.

Each bench process involved in this work has been documented by the forensic recovery hub. Flash media cards, memory sticks, etc. can be found at USB device forensics. Misused logins can be located on the insider threat forensics page. For pricing information, please refer to the prices page.

// what the sweep is looking for

What an IP case gets built from

Together, these processes take a competitor's product that looks like yours and transform it from a complaint into hard evidence.

Movement in bulk

Repositories, drawing libraries and databases leaving in one go.

Marking hits

Part numbers, project codes and confidentiality banners located on the copy.

Parentage

These internal records document which original file a competitor's file was copied from.

Channels

Webmail, transfer sites and personal cloud uploads, each with a date.

Material restored

Erased files and archives returned to the record.

Handling history

Every opening, export and print run against the protected material.

// the price, and who we may act for

Forensic fees, and the footing underneath them

The money, stated plainly

Every instruction starts with the free diagnostic, and you should allow 2 working days from the date a device reaches this bench. Forensic work is not covered by our usual payment terms, where in most cases you only pay if we recover your data. The full forensic investigation with report costs £800 + VAT and must be paid 100% upfront. The less expensive Forensic binary image and deleted-file extraction service (which does not include a report) will cost £400 + VAT. All Forensic services are required to be prepaid. Both figures are repeated on our prices page and we do not take anything until we have agreed upon a scope of works in writing.

The footing we need

IP instructions are for equipment owned by your business or covered by a court order; they shall be carried out strictly as outlined in that order. There are three doors in, and we have not seen a "fourth door" yet. The equipment that your business owns. Written instructions from a solicitor, insurer or the court. Or otherwise, a device that really does belong to the client (in matrimonial matters this includes devices shared between both parties). No hacking occurs here. Never do we intercept live traffic. If the instructing client has no right to look inside a particular piece of equipment, neither do we.

// getting your device to us

Getting it to the bench — plainly done

Most of what can be proved about your case later is decided in those initial few days. Call us on 0800 689 0668 for a quote first, then leave the equipment just as it is and we'll identify together which hard drives need to come to us (we only need the drives, not the machines). We don't have collection services; this means all items will be sent tracked and insured, or you may bring them across the counter at our premises in Edinburgh (Monday to Friday, 9am to 5:30pm, no appointment needed), and custody runs from the signature onward.

Still attached to a laptop, desktop, MacBook, iMac, server or CCTV/DVR unit? Remove the hard drive or SSD first. The bare drive travels on its own; when removing disks from a server remove all the disks and label each disk by its bay. This lab does not take machines apart. Any storage that has been soldered onto a motherboard (as in T2 and Apple Silicon Macs and a couple of thin laptops) will not be worked on: if it will not unbolt, we cannot work on it. If you're not sure what type of machine you have, ring us first. Phones and tablets are also not taken on.

  • Place bubble wrap around the drive then place inside of a rigid box or padded envelope. Pack as tightly as possible so that there are no loose objects within the container. Leave all cables, caddies and power supplies behind except for when sending an individual external drive. When posting an individual external drive, send it whole, in its housing along with its own cable and power supply.
  • Print off the shipping & booking-in form (PDF). Write down your name, mobile number, and a brief description of what occurred. Place this document into the same package as the drive.
  • The Royal Mail Special Delivery service offers both tracking and insurance from door-to-door. Using your own courier service will achieve the same results.
  • Want to hand it over yourself instead? After receiving your quote, reception will accept drop-offs at the address below, Monday to Friday, 9am to 5:30pm, with no appointment needed.
// where your device is headed

Edinburgh Data Recovery

4 Redheughs Rigg
Westpoint, South Gyle
Edinburgh, EH12 9DQ

↓ Print the shipping & booking-in form (PDF)

Your parcel should be addressed to Edinburgh Data Recovery, approximately two and a half hours (and 130 miles) from Aberdeen via the A90; alternatively it can reach us the next working day by tracked post if this journey time / distance is prohibitive to travel. As soon as your drive has been scheduled in we will contact you.

Still unsure about what should be placed inside of the packaging? Please call us first on 0800 689 0668, or use our free online diagnostic tool to assist you in deciding which items belong inside of the packaging before sealing.

// trade secrets · asked before instruction

Asked by founders and their counsel

Frequently. Typically what gets surfaced when recovering a copy is a bulk transfer onto a portable storage device or into an account over several days, along with opening and printing of the restricted materials during those same few days. In addition, any cleanup activities performed after the copy was made typically get captured in the timeline. All items are dated, linked to a specific login and presented as a single sequence.
A document's parentage is often what determines this. The author field. Revision history. Company name. Internal reference numbers. These will endure a rename far better than most people think they will, and in comparison with your originals they can show that one document descends from another. That rival copy still has to arrive either through recovery of documents or under a court order; otherwise there is no basis for comparison.
Within days, not weeks. Urgent applications require rapid preservation of the evidence, and the opposing party will immediately assert delay as their defence. Remove the equipment from service, do not touch anything, and call us or your solicitor.
All work completed under our direction is conducted to evidentiary standards suitable for both civil and criminal proceedings in Scotland, start to finish. We use verified E01 images for forensic analysis, preserve chain-of-custody logs without breaks, disclose methodologies used, and keep findings well clear of the appendix. When solicitors provide us with instructions regarding case handling procedures, we strictly follow those instructions. The admitting of evidence is the sole responsibility of the court and remains within the purview of the court.

The opening fortnight sets the ceiling.

Remove all computers and devices from operational status and contact our freephone number. Early imaging creates a foundation for any application.