Several witnesses called as Liberty University’s countersuit against former spokesperson to continue Friday

Liberty University
Liberty University(WDBJ)
Published: Dec. 16, 2021 at 7:06 PM EST
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LYNCHBURG, Va. (WDBJ) - A Thursday hearing in the United States District Court for the Western District of Virginia Lynchburg courthouse ended without a decision made in a case involving Liberty University and its former senior vice president of communications.

That decision will come later as Liberty University pursues an injunction against Scott Lamb, who filed a lawsuit against the university after his firing October 6. Thursday’s proceedings were about the university’s countersuit.

As part of its countersuit, Liberty alleges Lamb has not returned all university property to them. They’re seeking return of documents they claim are theirs in an injunction.

Several witnesses were called throughout Thursday’s proceedings.

The first was Christopher Racich, the president and CEO of Vestigant, a computer forensics company. The company was hired to examine Lamb’s university-issued laptop following his termination.

Racich testified Thursday that much of the data under Lamb’s profile had been deleted, but that the company was able to recover shadow copies of the data. They created a forensic image, or perfect copy, of all the recovered data.

He testified most of the data was deleted around October 10, only days after Lamb’s termination. The university received the laptop October 22.

One major point of Thursday’s hearing centered around a software called Evernote, which allows users to store documents via a cloud service. Many arguments Thursday also centered around Lamb’s ability to retain university documents on that account.

John Gauger, the university’s chief information officer, testified Thursday that according to university policy, people are required to hand over all university-issued materials and documents upon the end of their employment. He says that would extend to any documents stored on Evernote.

Lamb’s defense counsel argued that Lamb was not told explicitly of that policy during his orientation.

Steve Foster, employee relations director at the university, testified Thursday that new employees are told where to find the handbook digitally, but that physical copies are not handed out to each person.

In a last-minute move, Lamb was called to the stand shortly before 4:30 p.m.

In his testimony, Lamb said officials with the United States Department of Education told him to retain all documents in his possession.

Court was adjourned for the day shortly before 5 p.m. Proceedings will resume Friday morning.

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