Electronic Discovery

Neutrals and Special Masters

Electronic discovery, particularly in complex litigation, is rife with potential disputes between the parties. In appropriate cases, with agreement of the parties, the court may appoint a Special Master under Fed. R. Civ. P. 53, a neutral expert witness under Fed. R. Evid. 703, or a judicial assistant under the court's inherent powers to manage discovery and mediate disputes. But this is a relatively new field. Neutrals with established credentials in both electronic discovery management and dispute resolution are difficult to find.

At the moment I am aware of only a handful of individuals who have stepped forward and offered their services as neutrals to the bench and bar at large. Contact information for these individuals is listed below. In addition, many of the established vendors of e-discovery and computer forensics services serve as neutral technologists to conduct on-site inspections of computer equipment and files, review sensitive data collections for relevance and privilege, and perform other discrete tasks short of overall management of discovery.

Caveat: The listings below are not to be construed as endorsements. The quotes have been supplied by the candidates or taken from their own promotional material.

Richard E. Best

"Civil Discovery Referee and Consultation Services -- 25 years intensive judicial experience with discovery issues and motions -- Lecturer and author on civil discovery -- Services custom designed for the needs of the case and to facilitate the discovery process."

Richard E. Best
Action Dispute Resolution Services
San Francisco CA
Tel 415.772.0900 (ADR Services)
Tel 415.346.8853 (direct line)
best@justice.com
http://californiadiscovery.findlaw.com/SITE_INFO_BIO.htm

Robert Eisenberg
"Robert Eisenberg has over 15 years experience in the rendering of consultative services relating to electronic discovery, computer forensics, electronic data retention and traditional paper-based litigation support services. Through an academic interest in the realm of computer-based evidence, manifested by his conducting of CLE’s, training seminars and the authoring of industry-related white papers and articles, Mr. Eisenberg has directed his professional focus on the honing of electronic discovery protocols and technical procedures in order to improve and rationalize the discovery process’ truth-seeking capability."

Robert Eisenberg
Director of Litigation Support Services
Tel 703.375.4340
reisenberg@CoreFacts.net

David K. Isom

"David Isom has done large, complex commercial litigation for 27 years. He has published articles on electronic discovery and has given numerous seminars throughout the United States on electronic discovery, information security for lawyers, the Internet, document retention, sources of digital information, and ethical issues relating to digital information and electronic discovery. In addition to conducting and defending electronic discovery in his own commercial litigation, Mr. Isom consults with lawyers, law firm administrators and information technology managers regarding electronic discovery and evidence.

"Mr. Isom is chair of the working group of the ABA's Information Security Committee that is developing and publishing information security guidelines for lawyers and law firms."

David K. Isom
David K. Isom Law Offices
Suite 1680
60 East South Temple Street
Salt Lake City, Utah 84111
Website: www.isomlaw.com
Email: disom@isomlaw.com
Facsimile: 801 366 6010
Telephone: 801.366.6000

Larry G. Johnson

"Larry G. Johnson has litigated complex cases since 1974 and has served as expert witness and neutral in matters relating to computers, computer forensics and Internet usage since the mid-1990s. Previously with Computer Forensics, Inc. of Seattle, then Director of Electronic Discovery Services for Fios, Inc. of Portland, he is currently the president of Legal Technology Group, Inc. (LTG). Mr. Johnson is a graduate of the Universities of Minnesota and Harvard, and a member of The Sedona Conference Working Group on Electronic Document Retention and Production, and the Working Group on Complex Litigation. He is also a Faculty Instructor for the National Judicial College in Reno, Nevada, for the technical section of the Complex Case Management Course."

Larry G. Johnson, Esq.
President
Legal Technology Group, Inc.
e-Discovery Law Group PLLC
8505 129th Ave. SE
Newcastle, WA 98056
tel.: (425) 228-3786
www.legaltechnologygroup.com
www.e-discoverylaw.com

Mollie Nichols

"Mollie C. Nichols, J.D., L.L.M., is the Associate Director for Research and Professional Education for the Courtroom 21 Project. She was formerly the Director of Litigation Training for the Office of the Attorney General, State of Texas and has nearly two decades of experience in both civil and criminal litigation working for the federal and state government and in private practice. As an Assistant United States Attorney for the Department of Justice, Nichols was responsible for one of the early cases dealing with electronic evidence and alleged violations of the Electronic Communication Privacy Act of 1986, including the Federal Wiretap Act and the Stored Communications Act, a landmark case where computers which contained unopened email were seized by the Secret Service. She also ran the Civil and Appellate Divisions of the Department of Justice's Attorney General's Advocacy Institute, the trial training program for Assistant United States Attorneys nationwide."

"Nichols has gained national acclaim within the courtroom technology industry through her nationwide efforts training litigators, publishing articles, and speaking on the use of technology in the courtroom and electronic evidence issues. She has a Masters degree in International Law and is also Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization."

Mollie Nichols
Associate Director for Research and Professional Education
Courtroom 21
PO Box 8795
Williamsburg, VA 23187-8795
Telephone: (757) 221-3941
mcnich@wm.edu

Kenneth R. Shear, Esq.

"Mr. Shear's knowledge of hundreds of computer systems and close personal examination and supervision of technical teams has made him an expert witness and reporter in the field of computer forensic analysis, including validity of file data and accuracy of dates, presence or absence of data on computer systems and proper interpretation of data found on computers.

"Mr. Shear specialized in antitrust cases as a principal at Endriss & Shear, P.S. He served as a law clerk to the Honorable Theodore McMillian, United States Court of Appeals for the Eighth Circuit in St. Louis, Missouri. He holds seven bar memberships, has spoken at more than 30 conferences and forums on electronic evidence issues, and has contributed to over 15 legal journals and publications.

  • Leading national expert in digital discovery
  • Chief consultant in complex litigation projects
  • Has served as court appointed expert in federal and state jurisdictions (see, e.g., Munshani, v. Signal Lake Venture Fund II, 13 Mass. L. Rptr. 732 (2001))
  • Attorney with 20+ years experience
  • Developer of procedures and programs for searching and culling large data collections and forensic analysis
  • Extensive writing and speaking on law and technology."
Kenneth R. Shear, Esq.
Senior Vice President
SPI Technologies
Litigation Direct
Telephone: 206-235-3374
Fax: 206-333-1962
k.shear@spitech.com

George Socha

"After 18 years in legal technology, 16 years as a litigation attorney, and a decade toiling in the electronic discovery trenches, I am leaving the private practice of law to launch a consulting practice, Socha Consulting LLC, aimed at informing digital discovery decisions.

"I am offering services in five related areas:

  • As an electronic discovery special master;
  • As an electronic discovery and automated litigation support expert witness;
  • As an advisor to law firms and their clients on electronic discovery and automated litigation support issues;
  • As an advisor to corporations and other organizations; and
  • As an advisor to electronic discovery and automated litigation
  • support software and services providers."

George J. Socha Jr., Esq.
SochaConsulting LLC
1374 Lincoln Avenue
St. Paul MN 55105
Tel 651.690.1739
Cell 651.336.3940
Fax 651.846.5920
george@sochaconsulting.com
http://www.sochaconsulting.com

If you would like to add a name to this list or modify a current listing, please go to the www.kenwithers.com "comments" page.