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ESI Collection & Defensibility
Forensically sound collection strategy and chain-of-custody analysis that withstands challenge — from custodian mapping to forensic imaging and validation.
Expert Witness · Electronic Discovery
Court-Tested
eDiscovery Expert
Witness.
When ESI is the fight — spoliation, proportionality, TAR validation, collection defensibility — you need an expert whose opinions survive cross-examination and a Daubert challenge. Daniel B. Garrie has served in 100+ courts and tribunals nationwide. Retain a testifying expert built for litigation.
Engagement Profile
- Role
- Expert · Special Master · Referee
- Forum
- Federal · State · Arbitration
- Output
- Reports · Rebuttals · Testimony
- Standard
- Rule 702 / Daubert
100+
Courts & Tribunals Served
20+ yrs
eDiscovery & Forensics
600+
Seminars Worldwide
400+
Articles & Publications
/01Capabilities
The full ESI lifecycle, opined and defensible.
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Spoliation & Sanctions Analysis
Independent assessment of preservation failures, intent, and prejudice under Rule 37(e) — opinions calibrated to the remedy actually at issue.
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Proportionality
Rule 26(b)(1) burden-and-benefit analysis: scoping, cost modeling, and the technical record needed to win — or defeat — a proportionality argument.
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TAR / Predictive Coding
Validation of technology-assisted review workflows, recall/precision and elusion testing, and defensible sampling protocols that hold up under cross.
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Review-Process Defensibility
End-to-end audit of search-term negotiation, de-duplication, threading, and quality control to establish a reasonable, documented process.
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Expert Reports & Testimony
Clear, Daubert-ready written reports, rebuttals, deposition testimony, and trial testimony that translate complex ESI mechanics for the trier of fact.
/02Why Retain
Built to win the technical fight.
Most disputes turn on whether a process was reasonable and a record is credible. The right expert makes that case decisively — in writing and on the stand.
Start a conversation →01
Court-appointed and court-tested
Appointed as eDiscovery Special Master and Discovery Referee in 100+ state and federal courts, arbitrations, and administrative proceedings — opinions written to survive a Daubert / Rule 702 challenge, not merely to read well.
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Engineer and attorney
B.A. and M.A. in Computer Science and a J.D., admitted in New York and Washington. The technical depth of a forensic engineer with the courtroom discipline of a litigator.
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Translator for the trier of fact
Has trained hundreds of federal and state judges on software, the cloud, and ESI. Complex mechanics rendered in plain terms a judge and jury can act on — without sacrificing rigor.
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Responsive under deadline
A JAMS neutral and managing partner of a national forensics firm. Built for the realities of litigation calendars: rapid conflict checks, scoping, and turnaround on tight schedules.
/03Representative Engagements
A record across contested ESI.
Marquee appointments below; further engagement types are illustrative and anonymized, subject to confidentiality.
Flagship · eDiscovery Special Master
In Re: Facebook, Inc. Consumer Privacy User Profile Litigation
Appointed by Judge Vince Chhabria (N.D. Cal.) as eDiscovery Special Master in one of the most technically demanding data-privacy class actions in the country. Issued dozens of orders governing the production of data from one of the world’s largest data processors, and oversaw dozens of technical depositions on cloud and distributed-systems architecture.
JAMS Neutral
Served as a neutral in Washington Commanders v. National Football League (JAMS).
CISO Liability
Involvement in United States v. Joseph Sullivan (N.D. Cal.), the landmark prosecution of a chief information security officer.
Co-mediated dozens of discovery disputes in a federal class action — ESI protocols, spoliation, TAR / predictive-coding protocols, and privilege review — establishing the technical record on each.
Resolved dozens of disputes spanning iPhones, Android, iCloud, Gmail, Office 365, servers, medical devices, vehicles, enterprise systems, and IoT — in Washington, California, New York, Illinois, Florida, Nevada, and beyond.
Federal-court eDiscovery Special Master in major class actions alleging discrimination and state and federal wage-law violations, overseeing collection, review, and production at scale.
Expert testimony on privacy and cybersecurity-negligence claims arising from data breaches in the healthcare and financial sectors.
/04About
Credibility that survives cross-examination.
Daniel B. Garrie, Esq.is a court-tested eDiscovery expert witness and eDiscovery Special Master with more than 20 years in computer forensics and electronic discovery. Founder and Managing Partner of Law & Forensics LLC (est. 2008) and a JAMS neutral since 2016, he has served as an eDiscovery expert, discovery referee, and special master in 100+ state and federal courts, administrative proceedings, and arbitrations nationwide.
He holds a B.A. and M.A. in Computer Science from Brandeis and a J.D. from Rutgers, and is admitted to the bars of New York (2007) and Washington (2012) and the U.S. Supreme Court. An Adjunct Professor at Harvard University and formerly at Cardozo, Rutgers, and U. Conn., he has trained hundreds of federal and state judges, CISOs, and general counsel. He has authored 400+ articles and publications — cited in 500+ articles and opinions, and recognized by several U.S. Supreme Court Justices — and delivered 600+ seminars worldwide.
His memberships include the Sedona Conference (WG1 & WG6), the 7th Circuit eDiscovery Pilot Program, eDiscovery Special Master for the USDC W.D. Pennsylvania, and Distinguished Neutral with the Academy of Court Appointed Masters and the CPR Institute. He is a co-inventor of multiple cybersecurity patents and author of Dispute Resolution and eDiscovery (Thomson Reuters) and the Federal Judicial Center’s guide for judges on software, the internet, mobile computing, and the cloud.
The objective is always the same: a reasonable, well-documented process, explained in plain terms a judge and jury can act on.
Bar
NY · WA · SCOTUS
Education
Brandeis · Rutgers
Neutral
JAMS since 2016
Faculty
Harvard (Adjunct)
Retain Now
The deadline is real. So is the technical fight.
Send the matter name, jurisdiction, and key dates. You will receive a prompt conflict check and a scoping conversation.