Expert Witness

 Expert Witness & Rule 30(b)(6) Witness. Fortune 500 companies routinely engage Phil to serve as an expert witness regarding ESI and electronic discovery issues. Phil has offered expert testimony on behalf of plaintiffs as well. Topics of expert testimony include appropriate steps and methods for handling the preservation of relevant information, the duty to conduct a reasonable inquiry, the nature and extent of family productions, the use of ESI protocols, the proper use and development of search methodologies and analytics tools including technology-assisted review (TAR), the importance of metadata, the role of sampling to satisfy production obligations, and safeguarding privileged information and work product. Phil has also provided Rule 30(b)(6) testimony regarding discovery and information topics. 

ESI & Electronic Discovery Advisor. Phil has served as a trusted advisor to clients on issues regarding discovery and information governance. Nationally renowned for his expertise, Phil has provided guidance on a range of issues such as data preservation practices, litigation holds, data collection strategies, search methodologies for ESI, records retention policies, litigation hold policies, non-waiver orders regarding privileged information, and the need to manage dynamic sources of information found on social media, messaging applications, and smartphones. 

Judicial Training. Courts recognize Phil's expertise on ESI and Electronic Discovery and regularly invite him to provide trainings to federal and state judges from around the country. Phil has lectured at the National College of Magistrate Judges on Artificial Intelligence and ESI preservation and sanctions issues. He has also addressed a variety of additional topics such as ephemeral and other messaging technologies, search methodologies, and seizure orders under the Defend Trade Secrets Act.

Legal Scholar. Phil is a leading scholar on issues relating to ESI and electronic discovery. For nearly 20 years, academic journals and industry publications have regularly published articles reflecting Phil’s line of scholarship. Federal and state courts have cited Phil's scholarship and academic journals such as University of Pennsylvania Law Review, Notre Dame Law Review, Cornell Law Review, and Harvard Journal of Law & Technology have cited his articles.

Ephemeral Messaging & Other Communication Technology. Phil is one of the foremost experts in the country on civil discovery issues arising from the use of ephemeral messaging and other communication technology. He has advised clients regarding the impact of ephemeral and other messaging technologies on discovery obligations and corporate information governance programs. This includes helping address preservation duties in civil discovery, complying with regulators who discourage ephemeral messaging use, preparing policies regarding the implementation of ephemeral messaging, and guiding the selection of technologies. Phil served as the Editor-in-Chief for The Sedona Conference Commentary on Ephemeral Messaging, 22 Sedona Conf. J. 435 (2021), the leading publication offering guidance on how courts, regulators, and companies can manage ephemeral messaging applications.