Agenda

Daniel B. Garrie, Esq.

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 industry. Served 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