Locating and Protecting Digital Evidence in Investigations with Noel Kersh

In episode 168, Coffey talks with Noel Kersh about protecting company information and digital forensics. They discuss the role of digital forensics in investigations; the importance of preserving digital evidence; challenges with personal devices and cloud computing in the workplace; policies for managing company data on personal devices; the emerging role of AI tools like ChatGPT in investigations; and best practices for preserving digital evidence post-investigation. You can hear more from Noel at The HR Southwest Conference on October 13th through the 16th. And you can hear Mike and previous guest Jim Zadeh discuss artificial intelligence during the Legal Exchange at the HR Southwest Conference. You can review the entire HR Southwest 2024 agenda at https://hrsouthwest.com Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com. If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com. About our Guest: Noel has extensive experience in conducting digital forensics acquisitions and analysis on a variety of cases involving business and employment disputes, compliance with discovery requests, family law, harassment, in-house investigations for large corporations, copyright infringement and criminal cases. He also has handled large-scale E-Discovery matters. Noel leads Crowe LLP’s national digital forensics practice. Prior to joining Crowe LLP, Noel spent over 12 years leading Pathway Forensics where he was responsible for overseeing every aspect of the company, established the digital forensic lab operational policies and procedures, and provided leadership and mentoring for Pathway Forensics staff. Prior to joining Pathway, Noel helped lead two initiatives to receive a distinguished laboratory accreditation given by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). This accreditation demonstrates that a computer forensics laboratory’s operating standards meet quality standards set by ASCLD/LAB. Accreditation criteria include personnel, technical procedures, equipment, and physical facilities.  Noel has provided expert testimony over 40 times in trials, hearings, and depositions on matters before both state and federal courts on matters involving digital forensics. Finally, he has presented over 100 times on digital forensics topics and appeared as an expert panelist on CNN, ABC, Headline News, CourtTV and the Discovery network. Noel Kersh can be reached at https://www.crowe.com/services/advisory/forensic-services/digital-forensics  https://www.linkedin.com/in/noelkersh/ About Mike Coffey: Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher. In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business. Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies. Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association. Mike shares his insight from 25 years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community. Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year. Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and is a volunteer leader with the SHRM Texas State Council and the Fort Worth Chamber of Commerce. Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200). Mike and his very patient wife of 27 years are empty nesters in Fort Worth. Learning Objectives:Implement proper digital evidence preservation protocols to maintain the integrity of data for potential investigations or litigation.Develop comprehensive policies for managing company data on personal devices and cloud storage platforms to protect sensitive information.Establish clear procedures for handling digital evidence during employee exits and internal investigations to ensure legal compliance and protect company interests.