eDiscovery Expert Witness

eDiscovery Expert Witness

About Our eDiscovery Expert Witness Practice

Law & Forensics’ eDiscovery Expert Witness Practice is composed of battle-tested, highly qualified, and experienced expert witnesses. Our veteran eDiscovery experts have been deposed in hundreds of disputes and have a proven track record of providing compelling testimony and unparalleled results in criminal and civil disputes, arbitrations, and administrative hearings all over the globe.

Our team has a wealth of experience with collectively more than one hundred years of experience serving as expert witnesses and consultants on eDiscovery issues in a wide range of disputes. Law & Forensics provides our clients with integrated teams of legal, technical, and subject matter experts who are veterans of complex high-stakes litigations and investigations involving large and small companies to lead the eDiscovery Expert Witness Practice.

Our Services

100s of years of collective experience doing eDiscovery. And of course working out of the box and solving problems…

ESI Expert Witness Technical Expert Witness Reports and Affidavits 30(b)(6) Expert Witness eDiscovery Protocols Complex Cases

Identification, Collection, and Preservation of Electronically Stored Information (ESI)

Identify, collect, and preserve electronically stored information in a defensible and reasonable fashion that can withstand the scrutiny of the courts and opposing counsel.
Provide expert testimony relating to the collection, production and identification of electronically stored information, and the controls and procedures that allow the defensible identification and preservation of electronically stored information.

Technical Expert Testimony and Reports

Testify as to the defensibility of ESI search protocols used by our clients or opposing counsel.
Serve as an expert witness for depositions on a wide range of eDiscovery issues, including preservation, spoliation, collection, and production.
Testify in civil and criminal disputes in state and federal court in bench and jury trials to convey complex eDiscovery concepts in a digestible and easily understandable fashion, for example, articulating a reasonable standard for eDiscovery preservation and collection efforts performed by a third-party vendor.

Authoring Expert Reports and Affidavits

Author expert eDiscovery reports on a wide range of eDiscovery issues including: Analyzing the opposing party completeness of collection; Reviewing evidence of purported spoliation of ESI; Assessing reasonableness of client and opposing parties’ preservation and litigation hold actions.
Work with lawyers to draft affidavits and reports relating to eDiscovery issues for use in civil and criminal cases, arbitrations, and administrative hearings.

Serve as Designated 30(b)(6) eDiscovery Experts

Provide expert testimony that represents the collective knowledge of the corporation on cybersecurity, eDiscovery, and forensics on behalf of companies, big and small.
Serve as designated 30(b)(6) expert witnesses, where our team works with the client’s technical, legal, and business stakeholders.
Work with the 30(b)(6) deponent and counsel to prepare for 30(b)(6) depositions using our integrated and battle-tested approach to prepare your witness to testify on multiple issues and topics focusing on eDiscovery, forensics, and cybersecurity

eDiscovery and Search Protocols

Review and edit ESI protocols for counsel on behalf of clients in complex class actions, civil litigations, and arbitrations.
Draft ESI search protocols for complex civil and criminal cases at the request of the parties or via court appointment.
Testify as to the defensibility of ESI search protocols used by our clients or opposing counsel
Serve as an eDiscovery neutral expert appointed to resolve eDiscovery issues that often include searches of ESI (what, when, where, why, and how).

Class Actions, Multi-district Litigation, and Mass Tort

Assist counsel with the taking and defending of depositions, review and challenge the testimony of others, and prepare and implement an overall eDiscovery strategy.
Create, review, and edit eDiscovery and ESI protocols for clients that have complex computing environments.
Advise counsel in ESI and eDiscovery protocol strategy.
Testify in court regarding eDiscovery and ESI protocols that are used to identify, filter, process, review, and produce electronically stored information.

Case Studies by Industry

Insurance

Industry/Sector: Insurance

Type of Case: Insurance Coverage Class Action

Description: Retained by eDiscovery counsel of a global insurance company to serve as an eDiscovery expert witness. Efforts included:

- Our expert witness sat for multiple depositions.
- Testified in Texas state court on the reasonableness of collection practices.
- Drafted an expert report on the defensibility of the search and Technology Assisted Review (TAR) protocols used. Our efforts helped to facilitate a positive outcome around various eDiscovery issues.

Residential Mortgage

Industry/Sector: Housing

Type of Case: Fair Credit Report Act and Fair Debt Collection Practice Act Litigation

Description: Hired by outside counsel at one of the top litigation firms in California to serve as an expert consultant for multiple $20+ million disputes involving residential mortgage servicers, investors, and lenders in lawsuits brought by borrowers alleging claims related to wrongful foreclosure, fraud, and violations of state and federal statutes such as the Fair Credit Reporting Act (FCRA), Real Estate Settlement Procedures Act (RESPA), Home Affordable Modification Act (HAMP), and the Fair Debt Collections Practices Act (FDCPA). Efforts included:

- Submitted an expert report to the Court detailing the collection of dozens of mobile devices, servers, computers, tablets, and cloud repositories (including Azure and Amazon).
- Devising a strategy to process 50+ million items in a defensible and cost-effective fashion (including 40+ million items and 12+ million email messages).
- Sitting for multiple depositions around the eDiscovery process, search protocols, and review tools (kCura, Symantec Clearwell, Logickcull, Commvault).

Diversified Manufacturing Company

Industry/Sector: Manufacturing

Type of Case: Multi-district Pharmaceutical Litigation.

Description: Hired by MDL plaintiff steering committee in a billion-dollar dispute involving a diversified manufacturing company as both an eDiscovery consulting and testifying expert. Efforts included:

- Testified on what constitutes defensible and reasonable discovery actions.
- Advised on matters concerning the identification, collection, processing, and production of discoverable information.
- Provided an expert report successfully urging the court’s imposition of spoliation sanction for deletion of information in a computer’s slack space. Our efforts were critical in assisting the plaintiff steering committee in achieving a positive result on several eDiscovery issues.

1.23k Cases

solved to date

10.4k Computers

forensically analyzed

3.9k Mobile Devices

collected, scanned, and analyzed

54.1k Mailboxes

collected, analyzed, and searched by L&F

3.9k Social Media Accounts

collected, analyzed, and searched

597 Expert and Rebuttal Reports

written

eDiscovery Expert Witness Practice Edge

Cyber Insurance for Law Firms: Understanding the Cyber Risk Policy and Key Considerations for Law Firm Policy Holders

Capabilities

Our eDiscovery experts have decades of experience and have both extensive legal and technical expertise enabling our experts to communicate complex and esoteric technological details to lawyers, jurors, or judges. Our experts are familiar with a wide range of eDiscovery systems, including: Everlaw, kCura (Relativity), Logikcull, Exterro, CloudNine, ZyLAB ONE eDiscovery, Nextpoint, Encase eDiscovery, Viewpoint Integrated Analytics, Symantec Clearwell, OpenText (Recommind), IBM eDiscovery Manager, Wireshark, X-Ways, FrontApp, SparkPost, Mail Attender, Docsify, Catalyst, Epiq Systems, Kroll Ontrak, Axion (Magent), BlackBag, Logikcull, Capterra, iPro, LexisNexis (Concordance), Nuix, Access Data, ZDiscovery, Exterro, Disco, Nexpoint, Ringtail, OpenText Discovery Suite, Proofpoint E-Discovery and Data Analytics, Nebula, KLDiscovery Relativity, BlackBar, DXC Legal Solutions Suite, Discover360, eDiscovery Point, Sightline by Consilio, Summation, Exterro E-Discovery Data Management, ZyLab eDiscovery, Oona, MailXaminer, Page Vault, ArcMail, CasePoint, Clustify, H5, ImagineDiscovery, Clio, Rocket Matter, LegalEdge, MimeCast Email Security.

Annual Review of Regulations of Bitcoin and Blockchain in the United States and Abroad

Competitive fees

Our fees structure is competitive, and we offer clients success based, hourly and fixed fee arrangements while ensuring that each engagement is spearheaded by a senior member of our team, with significant knowledge and experience.

Expertise

Our eDiscovery Experts practice is led by folks that have testified in hundreds of matters, and all over the world, as experts on all aspects of eDiscovery in federal and state litigations, arbitrations, mediations, and government administrative hearings. Our eDiscovery Expert practice has a proven track record of providing our clients with expert testimony that exceeds expectations in many disputes, including: Antitrust litigation, Breach of Contract litigation, CCPA litigation, Civil Rights/Section 1983, Consumer class actions, Consumer Protection Litigation, Copyright and trademark litigation, RICO, Criminal theft of intellectual property, Cybersecurity, Data breach litigation, Economic Espionage, Employee misconduct, Fair Labor Standard Act (FLSA) litigation, FinTech litigation, Foreign Corrupt Practices Act, FTC and FDA regulatory investigations, GDPR compliance, Healthcare fraud, HUD and related FHA investigations., Insurance fraud, Intellectual property theft, Medical device litigation, Merger and Acquisitions (M&A) litigation, Multidistrict litigation, National security, NY DFS investigations, Patent litigation, Pension/ERISA violations, Privacy litigation, Real estate litigation, Regulatory investigations, Securities class actions, Security law violations and SEC regulatory investigations, Shareholder rights litigation, State Attorney General investigations, State privacy investigations, Stored Communication Act violation; technical issues related to Health Insurance Portability and Accountability Act (HIPAA), Trade and Commerce disputes, violations of general Data Protection Regulation (GDPR), violations of the Cybersecurity Enhancement Act of 2014, White Collar Crime investigations, Workplace harassment.

Review of Alternative Dispute Resolution Case Law in 2018

Quality Control

Every engagement follows a rigorous set of quality controls to ensure that the deliverable meets the client’s needs.