Search Results

Those of you who have worked on alter ego cases are aware of the strong burden of proof establishing alter ego and piercing the corporate veil. If successful however, it can open doors of available assets and income that a person is trying to shield from creditors, or their spouse. I was involved with a recent decision in Arizona where the court permitted the corporate veil to be pierced and allowed the assets to be entered into the community estate for division between the parties. This case involved a person who set up a company, back in 1999, to shield and protect his assets from creditors. He funneled his personal income and...

If you've ever been in a courtroom in Phoenix, you've probably been witness to the kind of talented digital forensics Arizona lawyers bring to the table. Digital forensics -- or computer forensics -- is a term used when forensic examiners use their expertise to obtain legal evidence from any digital medium, whether it's a hard drive, a cell phone, or an Email retrieved from an Internet server. Phoenix lawyers rely on forensics firms that offer litigation support services that know what they are doing. Here are some of the most basic rules of digital forensic investigations: The original evidence must not be altered in any...

If you happen to be a computer forensic specialist, Nevada and Arizona aren't bad places to land. In today's digital age, computers are the building blocks of almost every aspect of our lives. Nearly every transaction -- and many interactions -- we engage in are recorded electronically. But with the new digital age has come new digital crime, and with new digital crime has come the new digital investigators. Computer forensics consists of preservation, data collection, analysis, reporting and testimony. Make sure you engage an expert that knows how to help you in each of these stages; one who is proactive rather than reactive. A...

The NFL did not reverse the 4-game suspension associated with accusations surrounding Tom Brady and his potential involvement with deflating of footballs during last season's playoff games. Once announced Brady posted a response on his Facebook page indicating he "replaced his broken Samsung phone with a new iPhone 6 after my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under any circumstances." He goes on to state "we turned over detailed pages (paper) of cell phone records and all of the email records and all of the email that Mr. Wells requested"...

Shortly after the bombing, a friend of the Boston Marathon bomber deleted his browser history and other electronic evidence when he was being pursued by the feds. Under the Sarbanes-Oxley Act, he was sentenced to 2 ½ years in prison for "destroying, altering and falsifying records, documents, and tangible objects in a federal investigation, specifically information on his computer." Accordingly, be careful when advising someone who is, or is helping someone, engaged in felony behavior. They must be warned that destroying of any evidence, including digital, can be extremely detrimental.