Daniel B. Garrie, Esq. is a seasoned e-discovery special master, forensic neutral, mediator, and arbitrator retained for complex, high-stakes cases around the country. He is an experienced jurist with a deep understanding of both law and technology, enabling him to efficiently and cost effectively resolve some of the most challenging disputes.
For over a decade, Mr. Garrie has served as a mediator, arbitrator, electronically stored information (ESI) liaison, discovery referee, special master, neutral, and neutral expert. He has appeared before the Los Angeles County Superior Court, New York Supreme Court, Delaware Supreme Court, and the U.S. Courts of Appeals for the Second, Third, and Seventh Circuits.
Judges and attorneys laud his reports for their clarity, focus, and ability to help parties settle even the most complex disputes. Mr. Garrie has garnered a national reputation for his experience at the intersection of technology and the law and is as comfortable talking with entrepreneurs, IT professionals, and developers as he is with lawyers and judges.
Mr. Garrie has also authored over 200 legal and technical articles and publications. His scholarship has been recognized by several Supreme Court Justices and cited in over 500 articles, publications, and opinions. He also founded and is currently the executive managing partner of Law & Forensics LLC, a technical consulting practice focusing on forensics and e-discovery.
Before entering the legal world, Mr. Garrie built and sold several technology companies and served as the Worldwide Director of Discovery & Information Governance at Charles River Associates, managing a team of over 200 individuals.
ADR Experience and Qualifications
- Arbitrator, mediator, special master, forensic neutral, and expert in hundreds of disputes ranging from $500,000 to hundreds of millions of dollars.
- Discovery referee for disputes involving valuations of software and internet technology companies; IP licensing disputes; and other technologically complex cases around the world.
- Court-appointed forensic neutral to find and preserve key digital evidence items; issue findings on compliance with court orders; and mediate key-word search disputes.
- Youngest sitting e-discovery special master in the United States, appointed in California state court.
Representative Matters
- Electronic Discovery
- E-discovery special master for a complex multi-million dollar labor class action in the District of Nevada. Guided the court and parties through complex legal and technical issues around spoliation and drafted a Report and Recommendation adopted by the court
- E-discovery special master in a matter worth hundreds of millions of dollars involving some of the world’s largest e-commerce players. Was responsible for resolving all discovery issues regarding ESI
- E-discovery special master for case between investment fund and former employee involving alleged theft of confidential documents. Resolved all discovery issues regarding ESI
- Mediator for predictive coding processes and protocols for several e-discovery disputes involving millions of dollars. Used technical expertise to neutrally and effectively guide parties to agree to terms that maximize efficiency and minimize conflict over the course of the discovery process
- Designed and implemented legal and technology e-discovery programs requiring in-depth knowledge of applicable laws and regulations, specifically in the healthcare and finance sectors
- Employment
- Case involving wrongful termination and discrimination based on age, race, nationality and retaliation. Helped facilitate negotiations with parties where there was an eight figure verdict within the face of post-trial conference and appeal looming
- Litigated several cases involving executive-level employment contacts with start-up companies
- Served as e-discovery special master in an FLSA labor class action alleging violations of privacy as well as other tort claims
- Served as e-discovery expert in class action alleging multiple violations of the Americans with Disabilities Act
- Involved in resolving several matters for large companies with respect to compliance with a variety of workplace statutes, including the Sarbanes-Oxley Act (SOX), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and state and local employment statutes, among others
- Handled matters involving workplace sexual harassment in multiple cases involving technology companies
- Served as an electronic discovery expert in major class actions alleging claims of discrimination or violations of state and federal wage laws, among other complex employment litigation claims
- Handled contract disputes between investors and founding employees withdrawing from companies
- Forensic Neutral
- Served as a forensic neutral in dozens of cases worth $500,000 to $1.3 billion, including those arising out of: sales of businesses and failed mergers; internet and software licensing agreements; senior executive employment and compensation agreements; partnership, shareholder, corporate, and accounting firm disputes; medical and health care IT services agreements; and trade secret, unfair competition, and copyright infringement related to software and internet companies
- Forensic neutral selected by parties to conduct a regulatory investigation of a Fortune 500 company. Identified, collected, and preserved highly sensitive responsive information from the company’s systems in a manner that minimized intrusion into company’s data and isolated only the responsive information
- Court-appointed neutral to help parties remove sensitive data before returning computers to opposing party
- Health Care
- Involved in several matters related to health care regulatory compliance and information systems for some of the largest healthcare organizations in the country. Worked with healthcare electronic records managements systems such as NexGen, Access Express, EZ-CAP, PT Practice Management, Carbon Health, Athena Clinicals, Radekal App, MediTouch EMR, Praxis EMR, MedicsDocAssisant EHR, Kareo EHR, and NueMD
- Served as neutral expert to manage e-discovery disputes involving complicated healthcare and pharmaceutical research systems
- Involved in mediations regarding wrongful discharge claims by senior executives and employees of medical group
- Involved in resolving coverage dispute concerning recall of medical devices
- Participated in arbitrations involving contractual dispute between medical billing company and medical group
- Handled medical billing disputes involving insurance coverage issues
- Resolved disputes between providers and payors, including claims of fraud, determination of applicable plan provisions, and application of stop-loss coverage
- Involved with resolving a reimbursement dispute between Southern California physician group and a health plan
- Business/Commercial
- Arbitrator in contract dispute between bank and software provider over scope of service agreement. Used experience and knowledge of technology, business management, industry norms, and the law to resolve the dispute
- Arbitrator and mediator in partnership and board member disputes involving technology startup companies. Used startup experience and deep knowledge of the industry to help the parties reach amicable resolutions
- Founded and actively ran a venture development firm with more than 30 companies valued at more than $250 million, with more than 300 employees and contractors, operating in the finance, entertainment, fashion, security, and media content verticals
- Managed teams of over 100 individuals as the Senior Team Lead of e-Banking at Westpac Trust Bank
- Insurance
- Mediator in a cyber insurance dispute in which a hospital sought coverage from its insurer for a data breach in which patient records were compromised
- Mediator in a multi-million dollar cyber insurance dispute in which a company sought coverage for fraudulent induced wire transfers perpetrated by an imposter posing as a company executive
- Mediator in a cyber insurance dispute in which a bitcoin payment processor sued their insurer over coverage for fraudulent bitcoin transfers perpetrated by criminals who broke into the account of a senior executive
- Data Breach/Privacy/Cybersecurity
- Mediator in a regulatory action against breached government contractor alleging the contractor did not have sufficient cyber safeguards in place, in violation of various federal statutes and regulations
- Mediator in a data breach and privacy action brought by thousands of hospital patients whose personal health information was exposed when the hospital's former employee stole a company laptop
- Arbitrator in a data breach dispute in which a client sued a law firm that was the victim of a targeted cyber attack that accessed a particular client's confidential information
- Delivered effective and efficient solutions for e-discovery, computer forensics, cybersecurity, and information governance at global companies located in over 60 countries
- Involved in numerous class actions involving the Fair Debt Collection Practices Act (FDCPA), Fair Labor Standards Act (FLSA), Telephone Consumer Protection Act (TCPA), class actions regarding invasions of privacy and the collection of personal information, state law consumer fraud and unfair business practices claims
- Handled multiple class action privacy disputes alleging a company deliberately shared personal data of users with third parties in violation of the Electronic Communications Privacy Act and the Stored Communications Act of 1986
- Mediated and served as technical advisor in several consumer class actions involving privacy issues and allegations of cybersecurity negligence arising from data breaches in the healthcare and financial sectors
- Intellectual Property
- Mediator in trademark and brand dilution dispute between two auto body kit companies. Isolated and analyzed relevant digital evidence in a manner that expedited the case and satisfied both parties
- Arbitrator in multiple software code theft cases. Leveraged technical knowledge and experience with software to identify the exact legal issues at play and guide the parties to resolution
- Developed and executed intellectual property strategies, strengthened and monetized intellectual property portfolios, and implemented intellectual asset management practices for several global corporations
- Trade Secret Theft
- Court-appointed ESI neutral in trade secret dispute between competing pharmaceutical firms. Uncovered undisclosed sources of ESI and collected relevant data in a neutral and forensically sound manner
- Party selected and court-appointed forensic neutral for trade secret and unfair competition dispute involving hundreds of millions of dollars in claims alleging that former employees of a construction company improperly solicited customers while forming competing firm
- Court-appointed forensic neutral in hundred million dollar trade secret and patent dispute between two technology companies. Identified, collected, and removed Plaintiff’s proprietary data from Defendants’ computers
