Third-Party Cyber Forensics & Attorney-Client Privilege

Protect your organization's attorney-client privilege after a cyber incident by engaging a qualified third-party forensics team. Using in-house IT for forensic investigations can compromise your legal protections.

Why Third-Party Forensics Matters for Privilege

When your company falls victim to a cyber attack, the temptation is to have your in-house IT department investigate. It seems faster and cheaper. However, this decision can have devastating legal consequences: using internal staff for forensic investigation can effectively waive your attorney-client privilege over the findings.

Here is the critical principle: when outside counsel retains a third-party forensics firm for the purpose of providing legal advice in anticipation of litigation, the resulting communications and work product are typically protected by attorney-client privilege. When the same investigation is conducted by in-house IT staff as part of normal business operations, that protection often disappears.

Petronella Technology Group serves as the third-party forensics team that outside counsel needs to preserve privilege. We are not a law firm, but we understand the legal landscape and conduct our investigations with litigation and admissibility in mind.

Key Legal Precedents

Several notable cases have established the importance of using third-party forensics to preserve privilege:

Genesco, Inc. v. Visa USA, Inc.

The court upheld attorney-client privilege because outside counsel retained the forensics firm (Stroz Friedberg) specifically for legal advice in anticipation of litigation, with clear documentation of the engagement purpose and scope.

Target Data Security Breach

Target successfully preserved privilege by using two distinct Verizon teams -- one for business remediation and one specifically retained through counsel for legal purposes. The clear separation between teams was critical to the court's ruling.

Experian Data Breach

Privilege was upheld because outside counsel clearly retained Mandiant for legal advice purposes, and the forensic report was delivered through attorneys rather than directly to Experian.

Premera Blue Cross Data Breach

In contrast, the court ruled against Premera's privilege claims because there was insufficient separation between the forensics team's legal advisory role and their normal business activities. This case highlights what happens when the engagement is not properly structured.

How PTG Protects Your Privilege

Clear engagement documentation defining our role as providing support for legal advice
Separate scope and deliverables from any business remediation activities
Reports delivered through your outside counsel to maintain proper channels
Forensic methodology that produces court-admissible evidence
Experienced professionals who understand the legal requirements for privileged work
Serving businesses and law firms throughout Raleigh, Durham, Chapel Hill, and the Triangle

Frequently Asked Questions

Why can't we use our in-house IT team for forensic investigation?

When in-house IT investigates a breach, courts have consistently found that the work was conducted in the ordinary course of business rather than for legal advice. This classification strips the findings of attorney-client privilege protection, potentially exposing damaging information in litigation.

How should the engagement be structured to preserve privilege?

Your outside counsel should retain the third-party forensics firm directly for the purpose of providing legal advice. The engagement letter, scope of work, and reporting chain should all reflect this legal advisory purpose.

Can PTG handle both forensics and remediation?

Yes, but best practice is to clearly separate the forensic investigation scope from any remediation work. We can use distinct teams and documentation to maintain the separation that courts look for when evaluating privilege claims.

Does this apply to businesses in North Carolina?

Yes. While specific outcomes depend on the court and jurisdiction, the principles around third-party forensics and privilege apply broadly across federal and state courts, including those serving Raleigh-Durham and North Carolina.

What should we do first if we experience a breach?

Contact your outside counsel immediately. They should then retain a third-party forensics team like PTG to investigate. Do not have internal staff begin investigating until this structure is in place. Call PTG at 919-348-4912 for urgent forensic needs.

Protect Your Privilege After a Cyber Incident

Contact Petronella Technology Group to discuss how our third-party forensics services protect your attorney-client privilege.

919-348-4912 Contact Us Now

5540 Centerview Dr., Suite 200, Raleigh, NC 27606

Why Choose Petronella Technology Group

Petronella Technology Group has been a trusted IT and cybersecurity partner for businesses across Raleigh, Durham, Chapel Hill, Cary, Apex, and the Research Triangle since 2002. Led by CEO Craig Petronella, an NC Licensed Digital Forensics Examiner (License# 604180-DFE), CMMC Certified Registered Practitioner, Cybersecurity Expert Witness, Hyperledger Certified, and MIT-certified professional in cybersecurity, AI, blockchain, and compliance, PTG brings deep expertise to every engagement.

With BBB accreditation since 2003 and more than 2,500 businesses served, PTG has the experience and track record to deliver results. Craig Petronella is an Amazon number-one best-selling author of books including "How HIPAA Can Crush Your Medical Practice," "How Hackers Can Crush Your Law Firm," and "The Ultimate Guide To CMMC." He has been featured on ABC, CBS, NBC, FOX, and WRAL, and serves as an expert witness for law firms in cybercrime and compliance cases.

PTG holds certifications including CCNA, MCNS, Microsoft Cloud Essentials, and specializes in CMMC 2.0, NIST 800-171/172/173, HIPAA, FTC Safeguards, SOC 2 Type II, PCI DSS, GDPR, CCPA, and ISO 27001 compliance. Our forensic specialties include endpoint and networking cybercrime investigation, data breach forensics, ransomware analysis, data exfiltration investigation, cryptocurrency and blockchain analysis, and SIM swap fraud investigation.

PTG Digital Forensics Methodology

PTG follows a rigorous, court-accepted digital forensics methodology developed through years of experience in law enforcement collaboration, litigation support, and corporate investigations. Our process adheres to the National Institute of Standards and Technology digital forensics guidelines and the Scientific Working Group on Digital Evidence standards, ensuring that all findings are defensible and admissible in legal proceedings. Every step of our investigation is documented in detail, creating a clear chain of custody and audit trail.

The forensic investigation process begins with evidence identification and preservation. Our examiners use forensic imaging tools and write-blocking hardware to create exact bit-for-bit copies of storage media without altering the original evidence. We capture volatile data from running systems when appropriate, including memory contents, network connections, and running processes. Each forensic image is verified using multiple hash algorithms to ensure complete integrity throughout the investigation.

During the analysis phase, our forensic examiners use specialized tools to examine file systems, recover deleted data, analyze application artifacts, examine email communications, review internet browsing history, analyze log files, and reconstruct timelines of user activity. We look for indicators of compromise, unauthorized access, data exfiltration, malware activity, and other relevant evidence depending on the nature of the investigation. Our analysis covers computers, servers, mobile devices, cloud accounts, and network infrastructure as needed to build a complete picture of events.

The final phase involves comprehensive reporting and, when needed, expert witness testimony. PTG forensic reports are written to be technically accurate while remaining understandable to non-technical readers including attorneys, judges, and juries. Reports include detailed methodology descriptions, findings with supporting evidence, timeline reconstructions, and conclusions supported by the evidence. Craig Petronella and our forensic team are available to provide depositions and courtroom testimony, explaining complex technical concepts in clear, accessible language that helps legal professionals and triers of fact understand the significance of digital evidence.

Our Approach to Cybersecurity

At Petronella Technology Group, cybersecurity is not just about installing antivirus software or setting up a firewall. We take a comprehensive, layered approach to security that addresses people, processes, and technology. Our methodology is built on industry-standard frameworks including NIST Cybersecurity Framework, CIS Controls, and MITRE ATT&CK, ensuring that your security program is aligned with the same standards used by Fortune 500 companies and government agencies. Every engagement begins with a thorough assessment of your current security posture, followed by a prioritized remediation roadmap that addresses your most critical risks first.

Our security operations team provides continuous monitoring through our Security Information and Event Management platform, which correlates events across your entire environment to detect threats in real time. When a potential threat is identified, our analysts investigate and respond immediately, often containing threats before they can cause damage. This proactive approach dramatically reduces the risk of successful cyberattacks and provides the rapid response capability that is essential in today's threat landscape.

We believe that employee awareness is one of the most important layers of defense. Human error remains the leading cause of data breaches, and no amount of technology can fully compensate for untrained employees. PTG provides comprehensive security awareness training programs that educate your team about phishing, social engineering, password security, data handling, and incident reporting. Our training programs include simulated phishing campaigns that test employee readiness and identify areas where additional education is needed, helping organizations build a strong security culture from the ground up.

Beyond prevention, PTG prepares organizations for the reality that breaches can occur despite the best defenses. Our incident response planning services help businesses develop, document, and test response procedures so that when an incident does occur, your team knows exactly what to do. From tabletop exercises to full incident simulations, we ensure that your organization is prepared to respond quickly and effectively, minimizing damage, preserving evidence, and meeting all regulatory notification requirements within required timeframes.

Additional Questions and Answers

What types of digital forensic investigations does PTG handle?

PTG handles a comprehensive range of digital forensic investigations including data breach forensics, ransomware analysis and recovery, employee misconduct investigations, intellectual property theft, fraud investigations, cryptocurrency and blockchain analysis, SIM swap fraud investigation, and electronic discovery for litigation support. Our lead forensic examiner, Craig Petronella, is a Licensed Digital Forensic Examiner who has provided expert witness testimony in court cases and works with law firms throughout North Carolina and beyond on cases involving cybercrime, data theft, and digital evidence analysis.

How is digital evidence preserved during a forensic investigation?

Digital evidence preservation follows strict chain-of-custody protocols to ensure admissibility in court. PTG creates forensic images of all relevant storage media using write-blocking hardware that prevents any modification to the original evidence. Each forensic image is verified using cryptographic hash values including MD5 and SHA-256 to prove integrity. All evidence handling is documented with timestamps, personnel information, and detailed notes. Our forensic lab maintains secure storage for physical evidence throughout the investigation and any subsequent legal proceedings, following industry best practices and legal requirements.

Can PTG provide expert witness testimony for cybercrime cases?

Yes, Craig Petronella serves as a qualified expert witness in cybercrime, data breach, and digital forensics cases. He has provided testimony and forensic reports for law firms handling cases involving data breaches, employee theft of trade secrets, computer fraud, cryptocurrency fraud, and electronic discovery disputes. PTG forensic reports are prepared to meet Daubert standards and include detailed technical analysis, methodology documentation, and clear explanations suitable for non-technical audiences including judges and juries. Our expert witness services cover depositions, court testimony, and technical consultation for attorneys.

How long does a typical digital forensic investigation take?

The duration of a digital forensic investigation depends on the scope, complexity, and volume of data involved. Simple investigations involving a single device may be completed in one to two weeks. Complex investigations involving multiple devices, network forensics, or cloud-based evidence may require several weeks to several months of analysis and documentation. PTG provides regular status updates and preliminary findings throughout the investigation process. Emergency investigations can be expedited when time-sensitive situations require immediate analysis, such as active data breaches or imminent legal deadlines.

What is the difference between computer forensics and incident response?

Incident response focuses on containing and remediating an active security incident to minimize damage and restore normal operations as quickly as possible. Computer forensics focuses on thoroughly analyzing digital evidence to determine what happened, how it happened, who was responsible, and what data was affected. While incident response is time-critical and operationally focused, forensics is methodical and evidence-focused. PTG provides both services, often working in parallel during a breach to simultaneously contain the incident and preserve evidence for investigation, insurance claims, and potential legal action.

Ready to Get Started?

Contact Petronella Technology Group today for a free consultation. Serving Raleigh, Durham, Chapel Hill, and the Research Triangle since 2002.

919-348-4912 Schedule a Free Consultation

5540 Centerview Dr., Suite 200, Raleigh, NC 27606