ANNOUNCEMENT
Digital Forensics

Expert Witness Services

Leverage seasoned digital forensics and incident response experts with decades of court room experience as your expert witnesses.

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Court-Tested Cybersecurity Expertise to Support All Stages of Litigation

Cyber incidents are increasingly leading to litigation, including class action lawsuits and regulatory enforcement actions, as organizations face legal scrutiny over data exposure and compliance failures. During litigation preparation, you rely on the technical expertise of cyber crime investigators and computer forensics experts to interpret complex technical concepts and strengthen your case strategy. When the case gets to trial, they competently validate the chain of custody of crucial evidence, dive into technical evidence analysis, and confirm the reasonableness and standard of care of the organization’s security posture. You have Cybereason professionals as your expert witnesses.

Digital Forensics Experience, Expertise, Excellence

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An expert witness must have breadth and depth of knowledge, experience, and proficiency in order to provide counsel with outstanding support from early case assessment all the way through trial. Cybereason experts leverage decades of experience as former CISOs, digital forensics and incident response leaders, law enforcement, and FBI, establishing us as dependable experts. We have translated and explained technical concepts both during trial preparation to help counsel understand forensic evidence, as well as in depositions and trial testimony in ways both judges and juries will understand.

With hundreds of engagements under our belts, we have seen countless incidents and organizations be legally challenged. Our experts have provided support for legal proceedings including arbitrations and mediations for the U.S. Federal and State courts, and have assisted law firms in determining compliance with standard of care issues, as well as the evaluation of claims related to compliance with industry and privacy frameworks.

Strategic & Actionable Digital Forensics Expertise to Make Your Case

TECHNICAL PROWESS
Mastery over complex computer forensics techniques, secure code review, evidence preservation, threat intelligence, and dark web exposure delivered in understandable narratives and opinions.
STRATEGIC INSIGHTS
Experience from handling 7000+ cyber incidents worldwide and as former CISOs to determine response efficacy, standard of care, compliance and privacy issues.
LAW ENFORCEMENT BACKGROUND
Former FBI and law enforcement with proven testimony experience in state and federal trials, grounded in operational expertise.
COURT-
HARDENED
Our experts have supported hundreds of legal proceedings and accumulated thousands of hours of depositions and court testimony in both Federal and State courts.

Get Key Digital Forensic Insights to Support All Stages of Litigation

Pre-Litigation Consultation

Our experts can help review and understand technical cybersecurity issues and provide crucial insights and opinion before litigation begins. We can help assess technical and narrative gaps in what is, and was not being communicated by third parties.
Technical Translation

Adept at turning complex cybersecurity and computer forensics issues into clear and legally relevant narratives for judges, juries, or attorneys. Our expert opinions are understandable and persuasive during trial.
Validation of Best Practices

Our analyses adhere to digital forensics science best practices, chain of custody standards, and court-admissible methodologies. Our opinions stand up under cross examination and scrutiny from opposing experts.
Expertise Prior to Mediation

Our experts work with counsel before mediation to provide technical insight that builds a stronger, more credible defense. In complex cases, especially third-party breaches, this support shifts the focus from price negotiation to informed strategy, putting your firm in control from the start.

Standard of Care and Reasonableness

From providing support during an incident, through remediation, business recovery, and hardening your systems against future threats, our team understands what constitutes reasonable cybersecurity posture. We have deep experience across many security frameworks, including FedRAMP, PCI, NIST, HITRUST, among others, and are well versed in industry accepted standards. We can establish the standard of care and reasonableness of an organization’s security posture at the time of an incident.

 
Privacy Compliance
 
Regulatory Frameworks
 
Incident Response & Standard of Care
 
Technology Disputes
 
IP & Trade Secret Disputes

Business Email Compromise (BEC) & Insider Threat Investigations

Leveraging experience from working hundreds of business email compromise and insider threat investigations, our team can provide expert testimony as it relates to trade secret and IP theft litigation for these types of incidents. We can:

  • Analyze mail flow, authentication, and access logs 
  • Determine unauthorized access, lateral movement, and data exfiltration
  • Provide attribution to users or threat actors based on digital access patterns or user behavior

Data Breach & Class Action Litigation Support

Determining the scope of a breach and the extent of the impact is important to understanding material risk. Our team is able to assist in assessing potential harm to individuals, evaluating the breadth of data exfiltration or unauthorized disclosure, and providing supporting arguments for or against class certification.

Dark Web & Threat Actor Intelligence

Looking at deep and dark web postings as well as threat actor intelligence can provide a holistic understanding of the extent of a data breach and exposed data. Our team can help: 

  • Determine if compromised data has been posted, sold, or reused
  • Evaluate historical data breaches to assess pre-existing exposure 
  • Assess threat actor tactics, techniques, procedures, and motivations

Real-World Cases: Digital Forensic Expert Witness in Action

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Medical Research IP Theft Settlement

A team of medical researchers misused proprietary research to launch a competing medical practice.

Our experts were brought in to recover and analyze the stolen data from multiple computer systems. Using advanced anti-forensics techniques, we traced the origin of the data and pinpointed the exact timeline of its extraction. This reconstruction of events was critical in supporting the prosecuting attorney’s case and ultimately facilitated a successful settlement negotiation.

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Third Party Data Breach Class Action

An organization experienced a third-party data breach that resulted in the exfiltration and ransom of sensitive information belonging to tens of thousands of clients. In response, a class action lawsuit was filed, with plaintiffs alleging irreparable harm due to the exposure of personally identifiable information (PII).

Our forensic experts were engaged to assess the validity of these claims and conduct a comprehensive dark web investigation. Through our analysis, we discovered that the affected individuals had already been exposed in unrelated data breaches prior to this incident. This finding played a critical role in challenging the assertion that the current breach was the sole cause of harm.

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Assessing Security Reasonableness

Following a cybersecurity incident, an organization faced a class action lawsuit from a partner company alleging that insufficient security controls constituted a breach of contract and were grounds for early termination.

Our experts were engaged to evaluate whether the organization’s cybersecurity measures met contractual obligations. We conducted a thorough assessment of the client’s security posture, benchmarking it against NIST standards as well as practices from peer organizations within the same industry and of similar size.

Our analysis revealed that the client’s security policies, incident response plans, and execution not only met expectations, but exceeded industry averages in both adoption and response time. As a result, our experts were able to conclude that the organization had maintained a reasonable and robust security posture and were not in breach of contract.

Win Your Case and Mitigate Litigation Impact with Proven Computer Forensics Experts

Cybereason’s computer forensics experts provide support from trial preparation to litigation and trial, through depositions, sworn testimony, cross examination and expert witness reports including affidavits and declarations. Leverage decades of cybersecurity expertise to support your case strategy pre, during, and post trial by using Cybereason experts.

PROVEN EXPERTISE, RICH THREAT INTELLIGENCE

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Cyber incidents investigated

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penetration testing hours annually

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Seasoned experts worldwide

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Approved cyber insurance panels

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