Biography
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
Cryptocurrency and Blockchain
- Mediation of multiple disputes arising from smart contract transactions involving millions of dollars that required the ability and expertise to review the coded parameters of the transaction that was auto-executed on the blockchain
- Mediation of multiple disputes involving alleged fraud relating to the sale of an ICO involving millions of dollars
- Mediation of trade secret dispute between the founders of a cryptocurrency and investors, involving multiple parties
- Obtained and recognized as a certified Blockchain Professional by IIB Council
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
International/Cross Border
- Served as a neutral in a complex cross border dispute with parties from South Africa, France, United States, and United Kingdom in connection with a partnership dispute in the technology and fashion industry. The dispute involved claims relating to breach of contract, violation of non-compete, ownership of underlying intellectual property, and the payment of royalties involving different jurisdictions around the globe
- Served as a neutral in a complex commercial contract dispute with parties from mainland China and the United States relating a property development in Asia. The contract dispute focused on issues of ownership and payment with respect to multiple real-estate development projects in Asia
- Mediated several cross border royalty licensing disputes involving parties from Australia, France, Ireland, Spain, and Italy in the software industryServed as an arbitrator in multiple complex commercial contract disputes involving parties from China that were tied to a substantial property development in Asia.
- Served as a neutral in multiple privacy related disputes involving litigants from Europe, United States and Japan in various sectors, including: software, pharmaceutical, mobile, and finance
Real Estate
- Mediated multiple construction defect cases, including projects involving large residential and commercial buildings
- Mediated multi-party claims on jointly-owned real estate, with claims reaching eight figures
- Multi-million dollar dispute claiming failure to protect limited partner’s interest in large real estate venture
- Mediated discrimination claims in housing and lease agreements
- Multiple landlord/tenant disputes regarding unsafe living conditions
- Seller/broker liability in sale of commercial business facility
- Claims against brokers for misrepresenting value of improved property and for breach of fiduciary duty by broker
Sports and Entertainment
- Arbitrated claims of misapplication and misappropriation of funds from collection accounts related to film production.
- Mediated dispute between prominent successful hip hop artist, songwriter, and business managers arising from contractual claims under management agreement.
- Mediated dispute between prominent hip hop artist and publisher arising from claims of copyright violation, breach of contract, and similar claims.
- Mediated claims for copyright infringement involving film and music properties in the US.
- Arbitrated claim between independent film producer and individual investors arising from production of a film involving claims of fraud, breach of contract, and breach of covenant of good faith and fair dealing.
- Mediated claim between group of independent film employees for back pay, wages, penalties, and interests asserted against independent film producer.
- Mediated commercial disputes between sponsors and other partners related to sponsorship deals for various sports properties involving millions of dollars.
- Mediated multiple disputes between investors and producers of a large, big budget film
- Resolved several disputes between recording artist and record label involving several Grammy award winning artists
- Mediated an eight figure partnership dispute involving a global online video distribution platform
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Certifications
- Certified Blockchain Professional, IIB Council, 2018
- Memberships
- Fellow, Academy of Court Appointed Neutrals
- Member, London Court of International Arbitration
- Arbitrator, Hong Kong International Arbitration Centre
- E-Discovery Special Master, U.S.D.C., Western District of Pennsylvania
- Distinguished Neutral, Academy of Court Appointed Masters
- Distinguished Neutral, CPR Institute for Conflict Prevention & Resolution
- Fellow, Ponemon Institute for Data Privacy and Protection
- Member, 7th Circuit E-Discovery Pilot Program
- Member, Sedona Conference (Working Groups One and Six)
- Honors
- Recognized by the New York Law Journal as a leading forensics and e-discovery expert, 2015
- Distinguished Neutral, Daily Journal, 2015
- Recognized for contribution to Seventh Circuit Electronic Discovery Pilot Program in 2013
- Managed and directed the DOJ’s enterprise case management program and provided technical counsel to several federal government working groups on electronic case filing and records management
- Co-inventor of patent pending forensic technology that scans forensic images with multiple malicious code detection engines simultaneously from a master control point (US 20140181975 A1)
- Selected Books and Publications1
- D. Garrie & Doug Smith, "Attracting Top Cybersecurity Talent to the Federal Government: A Simple Yet Bold Solution", LegalTech News, May 2021
- D. Garrie, "What Are the Right Questions to Ask Law Firms to Know if They Were Compromised?", Law.com, March 2021
- D. Garrie & Hon. Gail Andler (Ret.), "When Does It Make Sense and How To Get a Special Master", LA Daily Journal, March 2021
- D. Garrie & Hon. Gail Andler (Ret.), "Trade Secrets: Is Litigating Infringement Worth It? What Can Be Done Instead?", LA Daily Journal, March 2021
- D. Garrie & Hon. Gail Andler (Ret.), "I Could Be Prosecuted for Paying Ransomware Ransom! How is that Possible?", LA Daily Journal, February 2021
- D. Garrie, "Don't Fall Behind: A Cybersecurity Guide for Law Firms", Lexeprint Publishing, February 2021
- D. Garrie & Bill Spernow, "Law Firm Cybersecurity," American Bar Association, February 10, 2017
- D. Garrie & Hon. Gail Andler (Ret.), "Remote Advocacy: Best Practices and Things to Know", LA Daily Journal, January 2021
- D. Garrie & Shane Reeves, “So You’re Telling Me There’s A Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks”, Harvard National Security Journal, January, 2016
- D. Garrie et al., “Cyber Security Insurance: Not Just for the ‘Good Wife,’” Corporate Counsel, February 5, 2015
- D. Garrie & Judge Francis Allegra. Understanding Software, the Internet, Mobile Computing, and the Cloud: A Guide for Judges, Federal Judicial Center, (1st ed. 2015)
- D. Garrie & Judge Francis Allegra. Plugged In: Guidebook to Software and the Law, Reuters (2014)
- D. Garrie & Yoav Griver. Dispute Resolution and E-Discovery, Thomson Reuters (ed. 2013)
- Selected Lectures and Teaching Experience2
- Adjunct Professor, Data Governance, Cardozo School of Law
- Adjunct Professor, Cyber Security and Cyber Warfare, Rutgers School of Law
- Presenter, West LegalEdcenter: A How-to Guide for In-House Lawyers and Senior Leadership at Companies on Managing Cybersecurity Class Action Disputes, May 2021
- Featured Presenter, Thomson Reuters: Strategies nfor Securing Your Frm and Vendors Post SolarWinds, April 2021
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Presenter, West LegalEdcenter: Strategies for Securing Your Firm and Vendors Post SolarWinds, April 2021
- Presenter, West LegalEdcenter: Cross-Border Data Transfer Following the Schrems II Decision, April 2021
- Featured Presenter, Thomson Reuters: Cyber Warfare Under International Law in 2021: United Nations, Tallinn Manual, NATO, and Other NGOs, March, 2021
- Presenter, West LegalEdcenter: Case Guidance on the Use of Machine Learning in eDiscovery, March 2021
- Presenter, West LegalEdcenter: California Consumer Privacy Act - 2021 Developments and Enforcement, March 2021
- Presenter, West LegalEdcenter: Cyber Warfare Under International Law in 2021: United Nations, Tallin Manual, NATO, and Other NGOs, March 2021
- Presenter, West LegalEdcenter: A Guide for Companies Seeking Insurance for Ransomware – What ‘G&G Oil’ Will Mean for Businesses Seeking Insurance for Ransomware Attacks, March 2021
- Presenter, West LegalEdcenter: Preparing Social Media Evidence for Trial Part 2, March 2021
- Presenter, Thomson Reuters: 10 Commandments of Cybersecurity for Lawyers, February 2021
- Presenter, West LegalEdcenter: Avoid U.S. Department of Treasury’s OFAC Advisory Sanctions If You Pay a Ransom to Hackers, February 2021
- Presenter, West LegalEdcenter: 10 Commandments of eDiscovery, February 2021
- Presenter, West LegalEdcenter: Don't Litigate That Data Breach Dispute! Resolve It Swiftly and Efficiently Through Mediation, January 2021
- Presenter, West LegalEdcenter: The Who, Why, How and Where of Cybersecurity Insurance for Law Firms, January 2021
- Presenter, West LegalEdcenter: Cybersecurity Incidents and the Board of Directors: What Is Your Role?, January 2021
- Presenter, West LegalEdcenter: Cyber Warfare and International Law - Looking Back at 2020, January 2021
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Presenter, West LegalEdcenter: Ransomware 101: The Complete Toolkit, January 2021
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Presenter, West LegalEdcenter: Lawyer's Guide for Handling Ethical Issues in eDiscovery – Navigating Sanctions and Other Concerns, January 2021
- Presenter, Standard & Poor’s 32nd Annual Insurance Conference: Cyber In the Fast Lane, June 2016
- Featured Presenter, Ninth Circuit Judicial Conference: 2014 District Court Conference, August 2014
1 Authored over 200 articles and publication. Cited in over 500 articles and court opinions. Full list of articles and publications available upon request.
2 Lectured before the bench and bar around the world in more than 500 seminars. Full list of seminars available upon request.
- Senior Partner & Co-Founder, Law & Forensics, LLC, 2008–present
- Worldwide Director of Electronic Discovery & Information Governance, Charles River Associates, 2007–2008
- Senior Partner & Co-Founder, LegalTech Group LLC, 2005–2007
- Legal Associate, Federal Judicial Center, 2005
- Senior Consultant to Deputy Attorney General, Department of Justice, 2002–2003
- Senior Team Lead of e-Banking, Westpac Trust Bank, 2001–2002
- Founder, Searchapp.com, 1994–2000
- J.D., Rutgers School of Law
- M.A., Computer Science, Brandeis University
- B.A., Computer Science, Brandeis University
Counsel Comments
- “His report was a model of clarity—even to a lay person—and demonstrated how extremely conscientious and thorough he had been. The report was directly responsible for the prompt settlement not only of the case immediately before me, but also seven other disputes between the parties.”
- Judge who appointed Mr. Garrie as a special master on a complex dispute - "Thank you for volunteering to share your expertise in mediating e-discovery disputes. The quality of your instruction reflected the depth of both your technical expertise in electronic discovery and your facilitative expertise as a mediator.”
- Magistrate judge who oversaw mediator training for Seventh Circuit Electronic Discovery Pilot Program - "Mr. Garrie is one of the few people who understand both the technical and legal issues that arise in disputes. His knowledge of each is at an expert level. This allows for more nuanced mediation and the higher likelihood of finding a compromise."
- Chief Privacy Officer and Partner, Global Law Firm - “The resume for Daniel Garrie provides a fair insight into his overall competence, experience, and abilities, but does not do justice to his reputation, brilliance and fairness which make him a truly extraordinary forensic neutral. One instance is illustrative. In a bitter, “scorched earth” trade secret case I handled, three weeks before trial, the trial court ordered the computer imaging of ten of my clients’ computers and electronic devices to be completed within two weeks under the supervision of a forensic neutral expert. Together with opposing counsel and their client, we stipulated that Mr. Garrie could serve as the discovery neutral in the electronic discovery protocol order. He met the stringent time deadlines for the search, scanning, listing, incorporating redaction(s) for attorney-client privilege documents, and timely delivery of over 70,000 documents in the electronic discovery. An extraordinary achievement."
- Richard A. Love, Love LLP
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