Digital Forensic, E-Discovery & Investigations

"It was a complex and difficult case to prove, but BKL found all the relevant facts, analysed the matter and argued persuasively for us in court."

- Chambers & Partners Asia-Pacific

Overview

BKL is equipped with an in-house suite of capabilities necessary for collection and analysis of digital materials, with a dedicated team of digital forensics experts providing clients with best solutions in collaboration with each practice group.

Unrivalled digital forensics capabilities

In this modern digital world, capabilities to analyze digital materials are a must when it comes to fact-finding for various legal services, including advice for investigation and litigation, internal corruption investigation, and trade secrets leakage investigation. BKL ENI (E-discovery and Investigation) Group is equipped with digital forensics experts of the highest caliber who work in tandem with professionals in each practice area, including response to search and seizure or on-site inspection, internal investigations into corporate corruption, and trade secrets leakage, in an endeavor to provide optimal solutions for our clients.

Extensive experience in E-discovery, a must for international arbitration and cross-border litigation

In light of an increasing volume of international arbitration and cross-border litigation, E-discovery plays an ever-more crucial role. E-discovery must be in strict compliance with data integrity principles and the rigorous procedures under the Electronic Discovery Reference Model (EDRM) that encompasses a wide range of processes, from data gathering, review, and analysis to submission of documents. BKL’s ENI Group is poised to provide premier services for our clients, drawing on extensive experience in conducting E-discovery in various international arbitration and cross-border litigation cases.

Security assessment of corporate information systems and cyber response to breaches

Corporate information systems are exposed to numerous threats: these could come from external sources, such as hacking or DDoS attacks. Another type of cyber risk that lurks within an organization is leakage of personal and corporate data by its employees. It is therefore imperative that companies to prevent leakage in advance through cybersecurity assessment. BKL’s professionals, including the first Head of Cyber Crime Investigation Team at the Supreme Prosecutors' Office, help clients secure their information systems with proactive screening of anomalies such as personal information and trade secret leaks, as well as unusual groupware usage by employees. We also troubleshoot clients’ problems that can proliferate on the information system and cyber realm, by getting defamatory information removed or corrected and advising them on related lawsuits.

Key Services

Response to investigation and interview processes, litigation representation and advisory services
Responding to the analysis and selection process of digital forensics materials seized during prosecution and police investigations
Responding to investigations by regulatory bodies including the Korea Fair Trade Commission and the Financial Supervisory Service
International arbitration and cross-border litigation support
Responding to investigations by foreign regulatory and judiciary authorities (such as the European Commission, US Department of Justice, and State Administration for Market Regulation of China)
Assisting e-Discovery processes for international arbitration and proceedings before foreign courts
Compliance
Assisting with compliance matters including data privacy, antitrust issues, and trade secrets
Advising on establishment of digital environments for compliance systems
Cyber response — Proactive assessment of corporate information systems
Conducting log analysis to prevent system breaches and identify damage
Preventing trade secrets leakage through establishing access control systems during employee turnover
Assessing security readiness regarding trade secrets and personal data
Taking down and correcting defamatory statements published with malice

Representative Cases

Represented and assisted clients in responding to search and seizure and follow-up investigations by law enforcement agencies arising out of trade secrets infringement and violations of laws including the Capital Markets Act, the Customs Act, and the Labor Act
Represented and assisted clients in responding to KFTC investigations into allegations of intragroup transactions and unfair trade practices
Represented and assisted financial institutions and accounting firms in responding to investigations by US regulatory authorities
Response to regulatory bodies
Represented and assisted clients in responding to search and seizure and follow-up investigations by law enforcement agencies arising out of trade secrets infringement and violations of laws including the Capital Markets Act, the Customs Act, and the Labor Act
Represented and assisted clients in responding to KFTC investigations into allegations of intragroup transactions and unfair trade practices
International arbitration and cross-border investigation and litigation
Represented and assisted financial institutions and accounting firms in responding to investigations by US regulatory authorities
Represented and assisted clients in E-Discovery processes related to merger reviews by foreign antitrust authorities
Represented and assisted a Korean company in responding to investigations into alleged collusion by the US Department of Justice and State Administration for Market Regulation of China
Represented and assisted clients in E-Discovery for multiple international commercial arbitration and ISD arbitration cases
Internal investigation and compliance
Represented and assisted an affiliate of a Korean conglomerate in digital forensics in relation to trade secrets leakage concerning employees moving to its competitor
Advised a foreign pharmaceutical company on digital data analysis and improvement measures regarding data privacy
Advised major Korean conglomerate groups on compliance assessment and improvement measures under antitrust and competition laws and regulations