Starting in 2002, I worked as a consulting and testifying expert witness.
As a consulting expert working on litigation and investigatory matters, I assisted clients with strategic planning and execution, selection of e-discovery service providers and software, cost and risk assessment and containment, and oversight of e-discovery activities.
As a testifying expert witness, I offered my expert opinions via reports, in depositions, and at hearings in Federal and state courts and at arbitrations throughout the country on a broad range of e-discovery and related issues. Topics have covered every component of the EDRM diagram from Information Governance through Presentation as well as Volume and Relevance.
I also served as a 30(b)(6) witness, special master, and advisor to courts.
Matters in which I testified included:
| Year | Caption |
|---|---|
| 2019 | Crowther v. Crowther Roofing and Sheet Metal, Case No. 17-CA-3426, Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida (2019) |
| 2018 | Von Rohr Equipment Corp., et al. v. Modern Fasteners Inc., et al., Civil Action No. 2:16-cv-00675, District of New Jersey (2018) |
| 2018 | Smith, et al. v. City of Chicago, Case No. 15 C 3467, Northern District of Illinois, Eastern Division (2018) |
| 2017 | Companion Property and Casualty Insurance Co. v. U.S. Bank National Association, Civil Action No.: 3:15-cv-1300 JMC, District Court of South Carolina, Columbia Division (2017) |
| 2016 | Plastech Holding Corporation v. WM Industries Corp., et al., Civ. No. 14-cv-14049-MAG-RSW, Eastern District of Michigan, Southern Division (2016) |
| 2016 | Superior Vision Holdings, Inc. et al. v. ABB/Con-Cise Optical Group, LLC, Case No. CACE-14-0054378 (07), Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida (2016) |
| 2016 | Brown, et al. v. Lowe’s Companies, Inc., et al., Case No. 5:13-cv-00079, Western District of North Carolina, Statesville Division (2016) |
| 2014 | IDT Corporation v. Morgan Stanley Dean Witter & Co. and Morgan Stanley & Co., Inc., Index No. 603710/04, Supreme Court of the State of New York, County of New York (2014) |
| 2013 | Duke Energy Indiana v. General Electronic Co. and Bechtel Power Corp., International Institute for Conflict Prevention and Resolution (2013) |
| 2013 | Bayer Corporation v. Crivella West Incorporated, Case No. 50 117 T 00375 12, AAA Northeast Case Management Center (2013) |
| 2013 | Schubert, et al., v. Roberts, et al., Case No. 10AO-CC00219, Circuit Court of Jasper County, Missouri (2013) |
| 2012 | United States of America ex rel. John Becker, et al., v. Tools & Metals, Inc., et al., Civil Action No. 3:05-CV-0627-L, Northern District of Texas, Dallas Division (2012) |
| 2012 | In re Pelvic Mesh/Gynecare Litigation, Case No. 291 CT, Master Case 6341-10, Superior Court of New Jersey, Atlantic County – Law Division (2012) |
| 2012 | City of Colton v. American Promotional Events, Inc., et al. and Related Consolidated Actions, Case No. ED CV 09-01864PSG (SSx), Central District of California, Western Division (2012) |
| 2010 | AZCO, Inc./Aker Kvaerner Songer, Inc. v. Hitachi America, Ltd., (AAA Arbitration - Case No. 51-110-Y -01947-06) (2010) |
| 2010 | In re Search Warrant No. SW2009-005254, In re Search Warrant No. SW2009-006818, No. SW2009-003254, No. SW2009-006818, Arizona Superior Court, Maricopa County (2010) |
| 2010 | In re Intel Corporation Microprocessor Antitrust Litigation, MDL Docket No. 05-1717-JJF, District of Delaware (2010) |
| 2009 | Walters, et al., v. Career Education Corporation, et al., Case No. 07CY-CV07481, Circuit Court of Clay County, Missouri (2009) |
| 2009 | Phillips, et al., v. Career Education Corporation, et al., Case No. 0811-CV08649, Circuit Court of St. Charles County, Missouri (2009) |
| 2009 | White, et al, v. Career Education Corporation, et al., Case No. 07SL-CC01514, Circuit Court of St. Louis County, Missouri (2009) |
| 2009 | Odom, et al., v. Microsoft Corporation, et al., No. 04-2-10618-4 SEA, Superior Court of the State of Washington for King County (2009) |
| 2007-2008 | Ischemia Research and Education Foundation, et al., v. Pfizer, et al., Case No. 104CV026653, Superior Court of the State of California in and for the Country of Santa Clara (2007-2008) |
| 2008 | Fidelity Insurance Company, et al., v. Express Scripts, Inc., et al., No. 4:03-CV-1521-SNL, Eastern District of Missouri (2008) |
| 2007 | Gerald Forsythe, et al., v. Black Hills Corporation, No. 0 4 C 5361, Northern District of Illinois (2007) |
| 2007 | Hawkins v. Ted Van Anne, Larry Holden and Pfizer, Inc., No. 048-202894-03, 48th Judicial District of Tarrant County, Texas (2007) |
| 2005 | Prempro Products Litigation, MDL Docket No. 4:03CV01507-WRW (2005) |
| 2005 | MacDonald’s Industrial Products, Inc., v. DaimlerChrysler Corporation, Case No. 04-05946-CK (2005) |
| 2002 | Rezulin Product Liability Litigation, Texas (2002) |
Topics I covered in expert testimony included:
| Year | Categories | Description |
|---|---|---|
| 2018 | Analysis | In a civil matter in Federal court in Illinois, provided written expert testimony regarding plaintiffs' expert witness' analysis of defendant's ESI. |
| 2017 | Preservation | In a civil matter in Federal court in South Carolina, provided written expert testimony regarding the efficacy of defendant's efforts to preserve ESI. |
| 2016 | Identification Preservation Collection Review Production | In a civil matter in state court in Florida, testified at an evidentiary hearing regarding defendant's compliance with court order requiring defendant to redo its e-discovery efforts with third-party supervision. |
| 2014 | Preservation | For the re-trial of a civil matter in state court in California, prepared expert declaration and to provide deposition and trial testimony regarding efforts taken to preserve ESI. |
| 2014 | Production | In a civil matter in state court in New York, provided written and oral rebuttal expert testimony regarding (1) similarities or differences between the customs and practices in 2001 and 2005 for responding to a third-party arbitration subpoena requesting ESI; and (2) how a reasonable attorney would have interpreted defendant's objection to plaintiff's arbitration subpoena. |
| 2014 | Production | In a civil matter in state court in New York, provided written and oral expert testimony regarding (1) whether it was common practice in 2001 and 2002 for civil litigants to seek or expect the production of ESI in response to a subpoena (or otherwise); (2) whether defendant’s response in 2001 and 2002 to a third-party arbitration subpoena served by plaintiff in 2001 comported with standard industry practices at the time; (3) taking into consideration the standard industry practices at the time and the timing and content of defendant’s response to the subpoena, whether in 2001 and 2002 it would have been objectively reasonable for plaintiff to expect defendant to produce ESI in response to the subpoena; and (4) whether the difference in quantity between the just over 2,000 pages produced by defendant in response to the 2001 subpoena and the more than 327,000 pages produced by defendant from 2006 to 2008 in response to discovery requests in the instant case, indicated that defendant intentionally or recklessly withheld documents from its 2002 production. |
| 2013 | Preservation Collection | In an arbitration, provided written expert testimony regarding (1) customary practices for attorneys preserving, collecting, reviewing, and producing ESI in lawsuits involving large companies; (2) whether counsel's conduct in the underlying matter was consistent with customary practice; (3) whether counsel could have accessed and reviewed certain ESI; (4) whether the basis for disqualification posited by respondent is a workable standard in the modern age of e-discovery; and (5) whether familiarity with how a company's data is stored would provided counsel with an unfair advantage in litigation. |
| 2013 | Pricing | In an arbitration, provided written expert testimony regarding (1) industry practices and standards related to types and performance of services, negotiation of price schedules, effect of price schedules, and billing in the context to the relationship between the parties; (2) the reasonableness of claimant's actions and interpretations in conducting the negotiations related to respondent's on-going services and prices; and (3) the reasonableness of respondent's actions and interpretations during the negotiations and the reasonableness of respondent's prices. |
| 2013 | Production | In a civil matter in state court in Missouri, provided written expert testimony regarding whether defendant produced ESI in accordance with the provisions of the protocol in place in the matter. |
| 2012 | Pricing | In a civil matter in Federal court in Texas, provided written expert testimony regarding (1) best practices regarding the use of contingency fee agreements for e-discovery services and (2) the reasonableness of fees charged. |
| 2012 | Pricing | In a civil matter in Federal court in Texas, provided written expert testimony regarding (1) the reasonableness of fees charged for forensic imaging of computer hard drives and for formatting, uploading, hosting, and providing access to ESI and (2) the timing of related invoices. |
| 2012 | Identification Production | In a civil matter in state court in New Jersey, provided written expert testimony regarding whether protocol provisions requiring producing party to search ESI for a specified set of search terms and produce all ESI that contains any of the search terms except for ESI that is withheld based on a claim of privilege, were outside the range of generally accepted e-discovery practices. |
| 2012 | Preservation | In a civil matter in Federal court in California, provided written expert testimony regarding what constituted standard industry practices for the issuance of litigation hold notices for the preservation of documents including ESI, particularly in the years 2002 through and including 2006. |
| 2012 | Production | In a civil matter in Federal court in California, provided written expert testimony regarding (1) what constituted standard industry practices for the production of ESI, the production of Lotus Notes email messages, and the production of Lotus Notes email messages in “native format with metadata intact”; (2) to what extent did the requesting party in setting forth its requirements for the production of Lotus Notes email messages act in accordance with those standard industry practices in requesting email messages from the responding party; and (3) to what extent did the responding party act in accordance with those standard industry practices in producing Lotus Notes email messages to requesting party. |
| 2010 | Identification Preservation Collection Processing Review Analysis Production | For set of consumer fraud matters, performed assessment of e-discovery activities undertaken, assisted with migration of data from one provider to another, and prepared expert testimony regarding e-discovery efforts from identification through production. |
| 2010 | Production | In an arbitration, provided written expert testimony regarding (1) whether counsel were correct in their assessment that produced spreadsheet files were altered copies of the original spreadsheet files, missing key components; (2) my opinion as to (a) whether the alterations were performed intentionally and (b) the seriousness of intentionally performing such alterations. |
| 2010 | Preservation Processing Production | In a criminal matter in state court in Arizona, provided written expert testimony regarding whether data could be extracted from an evidence file without altering the evidence file. |
| 2010 | Preservation | In a civil matter in Federal court in Delaware, provided written rebuttal expert testimony regarding whether (1) the system designed by defendant to preserve ESI for this matter would have been sufficient for defendant to meet its preservation obligations; (2) the preservation system as implemented by defendant was sufficient for defendant to meet its preservation obligations; and (3) defendant's use of the preservation system it designed and implemented resulted in a degree of preservation sufficient for defendant to meet its preservation obligations. |
| 2009 | Identification Preservation Collection Analysis | In three related civil matters in state court in Missouri, provided written expert testimony regarding appropriate steps to take to identify, preserve, and search ESI. |
| 2009 | Preservation Review Analysis | In a civil matter in state court in Washington, provided written expert testimony regarding (1) the state, complexity and volatility of the electronic discovery landscape from 2003 through 2006; (2) the existence or lack of standards to guide electronic discovery practices from 2003 to 2006; (3) electronic discovery practices with respect to the preservation and searching of ESI from 2003 to 2006; and (4) whether and to what extent a special master's report took into consideration the state, complexity and volatility of the electronic discovery landscape from 2003 to 2006, the existence or lack of standards to guide electronic discovery practices in that timeframe, and electronic discovery practices with respect to preservation and searching of ESI in that timeframe. |
| 2008 | Identification Collection Analysis Production | In a civil matter in Federal court in Missouri, provided written and oral expert testimony regarding whether defendant was grossly incompetent and/or engaged in intentional misconduct in its efforts to search for, retrieve, reconstruct, and produce historical claims data. |
| 2007 | Preservation | In a civil matter in state court in California, prepared expert declaration, testified at hearing, and prepared to provide trial testimony regarding efforts taken to preserve ESI. |
| 2007 | Identification Collection Processing Review Production | In a civil matter in state court in Texas, provided supplemental written expert testimony regarding likely costs if defendant were required to comply with plaintiff's revised request for a narrower set of ESI. |
| 2007 | Preservation | In a civil matter in Federal court in Illinois, provided written and oral expert testimony regarding whether defendant (1) destroyed backup tapes containing relevant information immediately prior to and shortly after the matter was filed; (2) destroyed backup tapes in violation of its own written data retention policy; (3) by destroying back tapes, destroyed all relevant emails and files containing relevant work papers, books and records; (4) also failed to preserve workstations belonging to key witnesses; and (5) failed to preserve information stored in the accounting system it used. |
| 2007 | Identification Collection Processing Review Production | In a civil matter in state court in Texas, provided written and oral expert testimony regarding (1) likely costs if defendant were required to comply with plaintiff's request for .pst files, .ost files, .pst extracts from Exchange servers, .pst extracts from backup tapes, and the backup tapes themselves; and (2) likely benefits to plaintiff if defendant were required to comply with plaintiffs request for .pst files, .ost files, .pst extracts from Exchange servers, .pst extracts from backup tapes, and the backup tapes themselves. |
| 2007 | Collection | In a civil matter in Federal court in New York, assisted counsel on preservation issues, advised on vendor selection, evaluated client databases and prepared recommendations for more effectively obtaining information from those database for discovery, and participated in court-ordered meet and confer between parties' counsel and experts. |
| 2006 | Pricing | In a dispute between a corporation, its outside counsel, and its outside e-discovery provider regarding fees charged by provider, investigated dispute and delivered report and recommendation to corporation. |
| 2005 | Preservation | In an MDL, provided written expert testimony regarding the adequacy of defendants’ retention of back-up tapes pursuant to a data preservation order. |
| 2002 | Production | In a civil matter in state court in Texas, provided oral expert testimony regarding production of discovery documents in electronic versus paper form. |
| 2000 | Identification Preservation Collection Review Production | In a civil matter in state court in New York, provided state equivalent of 30(b)(6) oral testimony, remote and in-person, regarding identification through production of company documents and tangible objects (year estimated). |