About Our Forensic Neutral and Dispute Resolution Practice

Law & Forensics, in partnership with JAMS, is a leading provider of Forensic Neutral Services around the world. State and federal courts have appointed law & Forensics neutrals in civil and criminal disputes, arbitration panels, and administrative judges all over the globe.

As forensic neutrals, we resolve disputes between parties and increase litigation efficiency, allowing parties to forego independently hiring forensic experts. We have a demonstrated track record of saving parties money and increasing efficiency in resolving disputes both in and out of the courtroom. Our forensic neutrals also ensure that technical analyses are performed independently and without bias.

Our Services

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

Create, Review, and Execute Forensic Protocols

  • Work with the parties to draft a forensic protocol that accounts for the technical systems at issue, sets out each step of the forensic work to be performed, and facilitates privilege and confidential review by the parties.
  • Oversee the execution of the protocol and perform the technical work set out in the protocol.
  • Resolve disputes in connection with the execution of the protocol.
  • Draft a report summarizing the analysis and results to provide to the court and parties.

Preservation of Electronic Storage Information, Devices and Accounts

Work with lawyers, judges, and parties and their technical experts to identify and preserve relevant ESI, which includes the following:

  • Identify the custodians of potentially relevant information;
  • Interview the custodians and request documentation to identify the repositories that may contain relevant ESI;
  • Verify that the requisite technical controls, policies, and/or procedures to prevent are in place to prevent the deletion of ESI from systems that may contain relevant ESI;
  • Create forensic images of repositories, as necessary to ensure that potentially relevant ESI is preserved.

Neutral Expert Report and Affidavits

Appointed to serve as a forensic neutral and/or expert in state and federal court, arbitrations, or administrative proceedings. The work includes the following:

  • Perform technical analysis related to the devices or ESI at issue and report the results;
  • Provide reports and recommendations to the court, arbitrator, or administrative executive to adopt or use in drafting their findings, awards, or decisions;
  • Analyze ESI repositories using forensic tools, including proprietary hardware and software, to identify digital artifacts or evidence relevant to the matter;
  • Author reports that summarize the results of such analysis and provide context for the key technical concepts relevant to the analysis.

Forensic Neutral ESI Dispute Resolution

  • Hold hearings and perform computer forensic investigation and analysis as necessary to resolve disputes related to the preservation, collection, analysis, handling, and/or spoliation of ESI.
  • Conduct hearings, create forensic investigation protocols and perform the technical work as a neutral third party on behalf of a court or arbitration panel.
  • Issue reports and findings to arbitrators, judges, and administrative judges with the results of the independent and neutral forensic analysis.

Privileged Review

Law & Forensics Forensic Neutral and Discovery Referee offers a unique set of services, including:

  • Create and review privilege  disputes, allowing for privilege log review and objections, and resolve any disputes in connection therewith,
  • Attend depositions and rules on objections,
  • Review, approve, modify and/or enforce Protective Orders,
  • Manage the briefing of discovery motions, hold hearings on those motions, and issuing written rulings,
  • Perform other tasks, including drafting Orders, periodically reporting to the Court on the status of the case, and otherwise assisting in case management,

Case Studies by Industry

Industry/Sector: Fashion

Type of Case: Intellectual Property Ownership

Description: Appointed by the court as a technical special master in a complex civil dispute in federal court in the New York Southern District. Efforts included:

    • Conducted multiple hearings to design and deliver “co-equal” access to a complex cloud based SaaS solution that was in the Amazon cloud.
    • Facilitated implementing a technical environment of a complex cloud environment that allowed the parties to service their respective customers.
    • Resolved all technical issues arising between the parties that related to delivering “co-equal” access.
1000’s of Devices

collected and analyzed

100’s of Cases & Disputes

resolved

100’s of Cases

appointed as forensic neutral

31+ Years

of experience and expertise

100’s of Privileged Reviews

conducted

100’s of Reports

and recommendations authored

Forensic Neutral and Dispute Resolution Practice Edge

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

Capabilities

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

Competitive fees

Expertise

Review of Alternative Dispute Resolution Case Law in 2018

Quality Control