Text Messages… Myths & Magic

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Tim Santoni

Text Messages… Myths & Magic

I have recently been fielding calls and inquiries from clients who want to find, preserve and recover deleted text messages.

I wouldn’t go as far to say that text messages are the new email, but I can say the amount of personal and business communication being conducted via text is significant. We have seen cases involving trade secrets theft, domestic violence, employment claims, workers comp, accidents.  There are many different types of cases that hinge on information that was or wasn’t sent via text message.

Cell Phone Carriers:

Many people operate under the assumption that the cell phone carriers (AT&T, Verizon, Sprint, T-Mobile) document or preserve all text communication by their customers. This is simply not true. What the carriers typically keep track of are the phone numbers the messages are sent to and the frequency and time and date of the messages. What this means is that even with a subpoena that requires getting the cooperation of the carrier, the actual text messages are not available.

Other Options and Strategies:

Text messages can be pulled from the phone using software for practical and forensic purposes, assuming you have legal access to the phone. The idea that even with the phone in his or her possession your computer forensics analyst can extract deleted text messages is also not accurate.

A cell phone, android or iPhone, uses a solid state-flash storage drive to store information and run the operating system. The phones dynamically write to the storage drive as the user accumulates messages, pictures, emails, etc. As the user deletes information the phone will dynamically write over available space. What this means is that information that has been deleted that you need for your case might not be recoverable even using forensic software.

If your subject is an iPhone user, the text messages or voicemails you need may have been overwritten and are not recoverable. There is another option. If you can get access to the computer that your subject backed up that iPhone to, there are likely complete backups of that iPhone on the computer . When you backup an iPhone a complete copy of the information on that phone is placed on the computer.

Written by Tim Santoni , Santoni Pres/CEO

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What Can Law Firms Do to Attract and Retain More Clients?

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What Can Law Firms Do to Attract and Retain More Clients

The legal landscape is changing.  Attorneys and law firms will have to change their way of thinking to attract and retain clients as online services such as LegalZoom, Rocket Lawyer, Trademarkia and other legal services companies are actively marketing to and competing with traditional law firms.  Additionally, corporations are closely monitoring their legal spend by using sophisticated software and tools to keep a watchful eye on billing and results.

In the past, law firms have been opposed to looking at creative ways to bring on new clients in fear of ethical violations and other concerns.  The unneeded liability and risk that is associated with creating partnerships with other service providers or setting up tools to help clients track and monitor their brands and other risks, was not something that law firms wanted to take on.

If law firms want to compete and retain business, they need to change their mindset and diversify their offerings.  This means they must come up with new and creative ways to show their clients that they are looking out for them proactively and going the extra mile when it comes to counseling and litigation.

Here are some examples that we have seen work well for some of our clients:

IP & Brand Protection Attorneys

As an example, Intellectual Property (IP) attorneys handling trademark registrations/prosecutions should offer monitoring of their clients’ IP portfolios as an added benefit for working with their firm. There are numerous software offerings that law firms can utilize to handle this service in an automated and economical fashion. This type of service gives the client a sense of safety and it can lead to the need for more legal work that arises from the monitoring.  As an example, if you detect a possible infringement of a trademark you might need to research the infringement and draft a cease and desist notice.  If not resolved these matters can end up in litigation as well.

Management of Intellectual Property would include, but is not limited to the following:

  • Copyrights
  • Trademarks
  • Patents
  • Domain Name (Registrar Lock and Automatic Renewal)

Insurance Defense Firms:

Insurance companies are always looking for ways to minimize costs, especially when it comes to litigated claims in the Workers’ Comp and Premises Liability areas.  Law firms could use an investigator or paralegal to offer complimentary background profiles on all new litigated claims in an effort to look at the following;

  • Driving Record (Non-industrial accidents that occurred before the date of injury/date of loss)
  • Workers’ Comp Claims Search
  • Civil & Criminal Background Check
  • Social Media Profile & Preservation

Plaintiff / Personal Injury Attorneys:

People that have been injured as a result of an accident caused by a third party are looking to be made whole.  They can have staggering medical bills; loss of income and their families can be severely impacted.  Offering a complimentary asset search performed by a paralegal or private investigator on the negligent third parties in the accident can be an added benefit and become the deciding factor in selecting one firm over another.  The injured party should understand if the person or company that harmed them has the ability to pay should a settlement be agreed upon.

Business Litigation Attorneys:

In heated business disputes emotions often run high and if you can give your clients some “dirt” or expose “skeletons in the closet” about the adverse parties, you can really get your client to understand that you are on their side and are in the trenches with them.

The law firm could utilize a research paralegal or private investigator to conduct an asset and liability investigation on the parties involved at the time of filing and/or prior to depositions.  This type of research will often give the client a lay of the land in terms of any tangible real estate/property owned by the defendant.  This is important because it can tell you if there is equity in any real estate owned to satisfy a judgment.  It also allows you to file fraudulent conveyance claims in the event that the real estate is deeded or transferred to “family” members as the litigation heats up or after a judgment is awarded.

These are just a few examples of how lawyers can look to create better relationships and drive better results with their clients.  After all, many of the services we have referenced are available to your clients, so even if they decline the additional services they should be made aware of them because it elevates you from the competition and shows clients that you understand their business and potential risk exposures.

 

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Does Your Intellectual Property Investigator Need to Know Trademark Law?

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Does Your Intellectual Property Investigator Need to Know Trademark Law

In a Trademark Law case it is critical that attorneys uncover and present relevant and actionable evidence and information.

Does the investigator that you and your firm works with need to understand Trademark Law? Do they need to understand the standards of evidence? Do they need to know about attorney work product privilege?
The answer to the above questions is a resounding YES. In order to effectively and efficiently develop admissible evidence, your IP Investigator should be experienced and understand the basics of Trademark Law (Lanham Act) because it will guide the investigation and the report.

Additional there are some keywords and phrases that your IP Investigator should understand.

Filing Basis:
1. Section 1(a) Registration
2. Section 1(b) of the Lanham Action (Intent to Use)- The ITU trademark application allows you to reserve rights to a trademark while you prepare to launch your product/service in commerce.
3. Foreign Registration
4. Foreign Application
ITU (Intent to Use)
Specimen
Abandonment:
 According to 15 USC 1127, a trademark is considered abandoned if “it’s use has been discontinued with intent not to resume such use.” The intent not to resume may be inferred from circumstances.
  1. Trademark abandonment, therefore, requires two elements:
    1. nonuse; and
    2. intent not to resume use.
Nonuse for 3 years is the typical standard
Common Law Use
Classes of Goods and Services
One of the key legal premises for US Trademark rights is the idea that in the US we are a first to “use” country as opposed to a “first” to file country. This means that Trademark rights (state or federal) can be established through the filing of a business name (Corporation, LLC, DBA), Business Name, Taglines, design elements, Logo or Brand, Product Name/Line, etc. There are limitations on enforcement and legal remedies if you only possess common law rights. On the flip side if you are looking to clear and register a trademark, those pesky COMMON LAW uses of your mark or a similar mark need to be uncovered to avoid potential infringement.In order for the report and or work product to be admissible, it is vital the trademark investigation is conducted in an ethical manner by a licensed and experienced investigator or license investigation firm. This type of consideration is not always top of mind when a case starts but can be a major issue if and when the reports must be turned over, depositions are set and there is a need to present the evidence and information at trial. The first thing that the other side will do is pick apart the investigation and the investigator. They will look at the credentials, licensing and methodology of the investigator because if they can show the investigation was done improperly the evidence can be thrown out.
The IP Investigator that you are working with must understand the relationship that they have between the end client and the attorney. It is really important to funnel all communication, reports and invoices to the attorney representing the client to keep the work product protected. We would also suggest that email communication be kept to a minimum to avoid having to turn over emails that might reveal information that is not favorable to the case. If your IP Investigator is licensed, experienced and understands Trademark/IP Litigation rules of evidence and attorney work product they will suggest ways to limit the exposures referenced in this blog.

Remember to ask your investigator these questions…

  • Are you licensed? Individually and as a firm/agency?
  • Have your reports and work product been submitted as evidence in cases at the State and Federal Court Level?
  • Have you and or your team been deposed?
  • Have you and or your team testified in trial?
  • Are you an expert witness?
  • Do your reports contain specific language about attorney work product privilege?

Link: Federal Trademark Search (USPTO)

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The Importance of Employment Background Checks and Compliance

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Tim Santoni, President/CEO of Santoni Investigations

Tim Santoni was a recent guest on “Workplace Perspective”, a podcast series for employers and employees. Tim and SAFFIRE LEGAL PC’s founder and principal attorney Teresa McQueen discussed the importance of employers conducting employment background checks and how they are used when hiring employees.

Thank you to Teresa for inviting Tim to be a guest on her show. If you have any questions about background checks or compliance, please leave them in the comments below.

 

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SEPARATING OR DIVORCING? 8 Things You Can Do to Secure Your Technology for Peace of Mind

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8 Things You Can Do to Secure Your Technology for Peace of Mind

If you are going through a separation or divorce you are likely wondering if and how you are being tracked and monitored.  Here are 8 Things You Can Do to Secure Your Technology for Peace of Mind.

Are you newly separated or currently going through a separation or divorce?  Our checklist will help you take control of your documents, home and your technology to avoid tracking and snooping by your Ex.

1. Ditch your phone.

  • Move your phone to a separate account that only you control

2. Check your kids’ Phones & Tablets.

  • If your children have phones or tablets that your Ex controls, they can be used as tracking devices. Turn them off or move them to your account.

3. Set up a new email account

  • Use a strong password
  • Forward emails from your other account if necessary

4. Change all Passwords/Login info/email addresses associated with:*

  • Email Account(s)
  • Social Media
  • Apple ID – iCloud – iTunes – Google Play
  • Computers / Laptops
  • Security Cameras
  • Garage / Gate Codes
  • Wi-Fi (Verify that you have a password setup and/or change it)
  • Online Banking
  • All apps (Uber, Netflix, Venmo, eBay)
  • 401K, IRA’s, Insurance, Credit Cards, Mortgage, Car loans, Student loans

5.  Find out if your car has GPS integrated. If it does, take control of the account and/or get it turned off.

6.  Secure all personal documents and create digital copies.

  • Birth Certificate
  • Marriage license
  • Deed(s) to home(s)
  • Car Title(s)
  • Medical Records

7. Bank Accounts-  create a list of all known bank accounts including bank name, account numbers, account types and general description of what they are used for.

8. Notify all professionals that you do business with that you are going through a divorce or are separated.

  • Accountant
  • Insurance Agent
  • Lawyer
  • Real Estate Professional
  • Schools

If you need assistance or have questions, feel free to call us at 949-900-3400.

Additional Resources:

“Is My House Bugged” VIDEO

“Best Password App- LastPass” VIDEO

“What Happens When your Lose Access to Your Family Computer”  VIDEO

 

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What to do when your employees are targeted by a stalker in the workplace

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What to do when your employees are targeted by a stalker in the workplace

 

 

Stalker in the workplace? How can you help employees when you find out they are being stalked by a customer/client or someone they know personally?  The natural instinct of most people is to contact law enforcement. Unfortunately, the Police typically won’t even take a report unless you can show at least 7 documented contacts by the alleged workplace stalker. Here are some tips if you have employees who are involved in stalking situations…

Gather as much identifying information on the stalker as possible:

  • Full Name
  • Physical Description
  • Age/DOB
  • License Plate Number
  • Vehicle Make & Model
  • Social Media Profiles
  • Cell Phone Number
  • Last known address

Document all interactions:

  • In person
  • Phone
  • Email
  • Text
  • Visual or physical contact with other employees
  • Social Media
  • Security Camera Footage

Conduct a Background Check:

A discreet background check conducted by a professional investigator can provide valuable information to assess the level of threat the stalker could pose.  If any criminal information (Arrests, Convictions, Watch List, Sex Offender Registry, Stalking) are found, this information should be presented to law enforcement as it will do two things.  First it will give more credibility to the threat and second it will force law enforcement to dig deeper because they have actual knowledge that they cannot ignore in fear of the threat escalating.

Recommendations/Accommodations:

  • Hire a security guard to be visible and present at your business
  • Escort employees to and from their vehicles before and after work
  • Install-Update Security Cameras
  • Advise employees to update privacy settings and/or remove personal identifiers (Phone, Email, Address) from their Social Media accounts

Impact on Stalking Victims:

  • 1 in 8 employed stalking victims lose time from work as a result of their victimization and more than half lose 5 days of work or more.
  • The most commonly reported stalker tactics by both female and male victims of stalking are approaching the victim or showing up in places where they do not belong, workplace, home, family gatherings. Making unwanted telephone calls to home and workplace, leaving the victim unwanted messages, watching or following the victim from a distance, and spying on the victim with a listening device, camera, or global positioning system.
  • 11{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims have been stalked for 5 years or more.
  • 2/3 of stalkers pursue their victims at least once per week, many daily, using more than one method.
  • The majority of stalking victims are stalked by someone they know: 61{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 44{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims of stalking are stalked by a current or former intimate partner, 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 32{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims are stalked by an acquaintance.
  • 46{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims experience at least one unwanted contact per week

Additional Reading:

http://victimsofcrime.org/our-programs/stalking-resource-center/stalking-information#what

http://victimsofcrime.org/docs/src/analyzing-stalking-statute.pdf?sfvrsn=2

 

 

 

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Small Claims Background Checks

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Small Claims Background Checks

Small Claims Background ChecksAre you concerned about hiring someone that has been sued in small claims court?  Do you need to know how to conduct a small claims background check.  Here are some tips and tricks you can use.

Small claims cases are typically filed in the county where the defendant or business lives or does business, but there are some exceptions.

The California Courts website has a great resource page you review by visiting this link; http://www.courts.ca.gov/9745.htm

Knowing where the cases can be filed frames where you would need to search for any cases involving the party you want to investigate.

There are 58 counties in California and many of them have websites where you can search civil cases; some of which are free and some charge a fee.  If a court does not have a website with case searching ability you would need to travel to or hire someone to conduct a manual search on-site or submit the search request via mail (which can take weeks).  Some counties that require an on-site or mail request include, but are not limited to: San Luis Obispo, Contra Costa.

This means that even if you use a search tool like Intellius and they say they are conducting a comprehensive search it is impossible for them to search counties that don’t make their records available online.

In order to search civil cases, which is where small claims cases are typically filed, the only information you need is the defendants name or business name.  Because these are name only searches having a middle initial can be very important to make sure the records you are finding pertain to the person in question.

If you want to watch a video about how to conduct a small claims background check from the #AskAPIShow here is the link.

LINK TO THE VIDEO

[kad_youtube url=”https://youtu.be/RJ_MkJe4wxY” width=560 height=315 ]

 

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Vehicle Sighting Reports

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Vehicle Sighting Reports

The vehicle sighting reports have recently been improving drastically in terms of the geographic coverage and number of records updating.  Currently the available databases have about a billion records available and are adding 50 million sightings each month.  Records are currently coming in from 42 US states.

How does a vehicle sighting report work?

The commercial providers have been able to grab license plate recognition (LPR) and put it into a searchable database which allows you to search by plate or tag to determine if the vehicle was spotted.  If so when we was the vehicle spotted?  Last 30 days, 31-90 days or 90 days and beyond…

  • Each Vehicle Sighting includes time, date, and exact location stamps.
  • Integrated with online mapping tools, visual pinpoint location information is available with a single click.
  • Access a massive database of more than a billion vehicle sightings and the addition of up to 50 million sightings added monthly.

What type of cases can a vehicle sighting report be useful for?

Here are some examples of cases where a vehicle sighting report could be a great tool to be used in the course of the investigation.

  • Family Law- your spouse moves out and refuses to tell you where he or she is living. Your spouse has visitation of the kids, but you have no idea where they are staying or with whom.  A vehicle sightings report could give you insight into where he or she could be residing.
  • You own commercial vehicles (trucks, trailers, cement trucks). You lease these vehicles out to contractors and they stop paying you.  Now you need to locate and repossess the vehicles.  What are your options?  Before you conduct a stake-out and or surveillance that can be costly a vehicle sightings report might give you a sense of where that vehicle is being used, which could lead you to the business location or yard where it is stored at night.
  • If you need to locate a transient or runaway and they are living out of their car, a vehicle sightings report can provide valuable insight into what spots they are frequenting and this will help you to get them served with legal papers and or get them off the street and into court or rehab.

We recently had a case where we needed to conduct surveillance on a claimant alleging a workers compensation claim.  He told the employer, the doctors and the attorneys that his home address was his parents’ house.  We eventually determined he was living with his girlfriend, but we didn’t know her name.

All efforts to conduct surveillance came up dry because he was never there.  We ran a vehicle sightings report on his vehicle and found evidence that his vehicle was always spotted in one intersection where there a number of apartment complexes.  We canvassed the area and located his vehicle which was parked in a spot the tied to his unit.  Now we could conduct surveillance on this subject and determine what his activities are and where he could be working.

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When to use a Private Investigator for Collection Matters

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When to use a Private Investigator in Collection Matters

When to use a Private Investigator in Collection Matters

When to use a Private Investigator in Collection Matters

Obtaining a judgment can be easier than collecting on a judgment.  Debtors will often use tactics to evade collection and hide assets.  When you need to find evidence that leads to assets you can use a private investigator in your collection matters.

If the debtor is being evasive, it could be time to bring in an investigator.

Here are three ways a PI can get you better leverage on your debtor.

1. Conduct an asset and background investigation

This will be the most basic starting point to getting the money that’s owed to you. An asset investigation will allow you to determine where the debtor stands financially. You can get the full picture about whether they’re lying about not being able to pay or simply being stingy.

Next, a background investigation will help you determine the debtor’s litigation history. It’s possible that you’re not the only person waiting to get paid. Finding out where your collection stands will let you know when you can expect to get your dues.

Through these two investigations will also reveal if the debtor owns property, vehicles, planes or boats, and any other type of high-ticket item they might have funds tied up in. Knowing what they own can present an opportunity to have the court mandate selling some of these purchases in order to pay off the debt owed to you.

2. Find out where they really live

While you may already have their address, it is still important to see precisely where they live. Is their residence easily accessible from the street? Is it in a gated community?

This information is important for the next stage of an investigation: evidence collection.

One of the best ways to get information on a person is to go through their trash. Once that dumpster bin is out and on the street, waiting to be collected, it technically becomes public property.

In a trash can, you can find receipts, bank statements, offer letters, and a multitude of documents that can link the debtor to people, places, hidden assets, other ownership, and possibly other collections they’re involved in.

3. Lifestyle surveillance

Conducting surveillance over several days to document and track behavior of the the debtor can give you the story of their lifestyle, business dealings and standard of living.

Being able to track their day-to-day activities enables you to discover spending behaviors, relationships and interactions with businesses.

If they spend their money frequently, you’ll know where they went. The type of place will determine if the money they spent on retail should actually be going to your bottom line instead.

Intelligence gathering becomes crucial when you’re determining setting a judgment debtor examination, levying on a bank account or subpoenaing records is the best move. If you have the full picture your odds of effectively collecting on your judgment vastly increase.

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Why should an attorney have a reputable investigator by their side?

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Why should an attorney have a reputable investigator by their side?

In a game where evidence is king, every attorney needs a reputable private investigator to help them get the information needed to win.

Whether that information is obtained before a trial, during, or after, an investigator can be a key element to wining a case.

Investigators can document activities of the opposing party, dig up public records, or even interview witnesses whose testimonial can be crucial to a case.

Also, most attorneys don’t always know where their next case or referral will come from. They may be brought into a matter they do not specialize in.

However, by using an investigator to gather information, it will be easier to evaluate the case. That way, the attorney can determine if they can assist or if they should bring in an expert to help.

It is important to find the facts as soon as possible before time and money are invested into a case that someone else might be better off handling.

At the end of the day, if an attorney can expand their practice and their reach by hiring an investigator, they can drive more revenue to their bottom line.

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