Forensic Expert Testimony

Forensic Expert Testimony

About Our Forensic Expert Witness Testimony Practice

After conducting hundreds of time-intensive computer forensic investigations, Law & Forensics’ forensic experts have become prominent leaders in the field of computer forensics. They have testified as computer forensic experts in hundreds of criminal and civil cases in state and federal court, arbitrations, and administrative proceedings all over the globe.

Our experienced and battle-tested computer forensic experts specialize in connecting the dots for judges, arbitrators, and regulators. Rest assured, if your case sees its day in court, our computer forensic experts are the folks you want by your side as we are ready to stand up to intense technical scrutiny and the most grueling of cross-examinations.

Our Services

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

Affidavits and Expert Reports Depositions and Trial Testimony Computer Forensic Protocols

Affidavits and Expert Reports

Author expert reports on a wide range of forensic issues including: Analyzing the opposing party completeness of collection; Reviewing evidence of purported spoliation of ESI; Assessing client and opposing parties preservation and litigation hold actions.
Collaborate with lawyers to draft declarations, affidavits, and reports relating to complex computer issues used in civil and criminal cases, arbitrations, and administrative hearings.
Submit affidavits on all sorts of forensic issues including the actions of the involved parties for a wide range of case types: Securities Litigation, ERISA disputes, White Collar Crime, Investigations, Fraud, Anti Money Laundering (AML), Breach of Contract, Trade Secret Theft Litigation, Intellectual Property Theft, Copyright and Trademark Infringement, Employment Litigation, and Mass Tort Litigation.

Depositions and Trial Testimony

Serve as an expert witness for depositions on a wide range of computer forensic topic issues in state and federal court in bench and jury trials presenting complex forensics concepts in a digestible and understandable fashion.
Testify in civil and criminal state and federal court regarding computer forensic techniques, strategies, and protocols that were used to identify, collect, preserve, filter, process, review, analyze and produce electronically stored information and/or data.
Collaborate with counsel on the taking and defending of depositions, reviewing, and challenging the testimony of others, and preparing and implementing an overall computer forensic strategy.
Assist attorneys and clients by testifying on their behalf as a 30(b)(6) or PMK, allowing our credentials to strengthen a client’s case in the eyes of a judge or jury.

Computer Forensic Protocols

Review and edit computer forensic protocols for Counsel on behalf of clients in complex class actions, civil litigations, and arbitrations that involve all types of digital devices including: Computers, servers, cloud repositories, iPhones, Apple laptops, Google phones, Android devices, IoT devices, enterprise software systems, Windows Servers, Siemens and Allen Bradley Control Systems, Medical Devices, and Vehicles.
Serve as a court-appointed or party selected computer forensic neutral and/or expert to resolve advanced and complex computer forensic issues.
Create, review, and edit proposed computer forensic protocols for clients that have complex computing environments.

Forensic Investigation - Legal Engineering

Case Studies by Industry

Manufacturing

Industry/Sector: Manufacturing

Type of Case: Trade secret and Unfair Competition

Description: Retained by global 10 law firm as an expert forensic witness in a multi-million-dollar trade secret and unfair competition dispute on behalf of the defendant, a large manufacturing company. Efforts included:

- Provided key expert testimony on the result of forensic analysis.
- Made factual determinations on the evidence.
- Produced an expert witness report to clearly explain findings to legal counsel and the court.

Oil and Gas

Industry/Sector: Oil & Gas

Type of Case: Regulatory Investigation

Description: Retained by outside counsel to assist a global oil and gas company in a forensic investigation arising from a regulatory investigation that involved multiple state and federal agencies. Efforts included:

- Created forensic images of hundreds of computers within the company to study for inconsistencies.
- Collected, processed, reviewed, and created necessary next-step action plans promptly.
- Conducted in-person interviews, cataloged employee log-in activity, looked into credit card charges, payment schedules, and bank accounts.
- Used global protocols to bridge the gap between technology, accounting, and legal teams working on the case and in an organized manner uncovered information regarding an employee of the oil company and discrepancies in credit.
- Submitted an in-depth expert witness report on behalf of the client to the Court accepted both by the Court and then by the insurance company.

Healthcare

Industry/Sector: Healthcare

Type of Case: Arbitration

Description: Appointed by parties in a multi-million dollar arbitration involving a healthcare provider to serve as a forensic and eDiscovery neutral. Efforts included:

- Resolved disputes regarding necessity, scope and methodology for e-discovery review.
- Reviewed and verified technical compliance with discovery requests.
- Identified attempts to hide/destroy evidence and determine compliance with discovery orders.
- Drafted a report and recommendation adopted by the arbitration panel.

Wearable Computing Devices

Industry/Sector: Software/Hardware

Type of Case: Criminal Case

Description: Hired by the U.S Attorney and testified as a computer forensic expert witness against a high-level executive accused of defecting to a rival wearable fitness device maker along with trade secrets. Efforts included:

- Collected dozens of mobile and wearable devices, cloud storage repositories, social media accounts, iPhones and iPads, laptops, and servers.
- Analyzed all devices for responsive ESI.
- Created and resolved hundreds of privilege log disputes relating to privilege assertions.
- Submitted an expert report summarizing the analysis used and testified before a jury on forensic work and results.

43 Times Testifying

in criminal or civil disputes

1000’s of Affidavits

and reports drafted

100’s of Companies

collaborated with

100’s

of depositions

Decades of Relevant

experience and expertise

453 Expert Reports

written

Forensic Expert Testimony Practice Edge

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

Capabilities

Proven capabilities of providing our clients with expert testimony that exceeds expectations especially with civil and criminal cases, arbitrations, and regulatory proceedings. Our team has experience testifying in many disputes including: Antitrust litigation, Medical device litigation, Multidistrict litigation, Securities class actions, Consumer class actions, Employee misconduct, Healthcare fraud, Merger and Acquisitions (M&A) litigation, Insurance fraud, Intellectual property theft, National security, Patent litigation, Copyright and trademark litigation RICO, Security law violations and SEC regulatory investigations, Shareholder rights litigation, White Collar Crime investigations, Workplace harassment, Cybersecurity, FinTech litigation, Foreign Corrupt Practices Act, FTC and FDA regulatory investigations, State Attorney General investigations, Regulatory investigations, NY DFS investigations, Privacy litigation, Breach responses, GDPR compliance, State privacy investigations, CCPA, Civil Rights/Section 1983 litigation, Pension/ERISA violations, Trade and Commerce disputes, Consumer Protection Litigation, Fair Labor Standard Act (FLSA) litigation, Real estate litigation, HUD and related FHA investigations.

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 team of experts hold multiple certifications and have published hundreds of articles and more important have 10+ years of testifying experience and technical training that provide a unique edge and valuable edge in trials, hearings, and disputes. Our team has expertise, access to and uses a wide range of forensic software and hardware including: AccessData FTK, BlackBag Forensic Software ,Cellebrite , Cellebrite UFED Touch, e-fense, Encase, Forensic Scan, FTK Imager, MacQuisition, Magnet RAM Capture, Nordic eSIM, Nuix, Oxygen Forensics, Paladin, Paraben, ProDiscover Forensics, Forensics Registry Recon ,The Sleuth Kit, Tsunami Blu, Volatility Framework Systems, WireShark, X-Ways Forensics

Review of Alternative Dispute Resolution Case Law in 2018

Quality Control

All reports undergo a quality assurance review so the finished product can withstand all forms of scrutiny by opposing counsel.