Expert Witness Testimony

In many cyber crime cases, the court’s ruling may come down to an expert’s opinion, and an attorney will need the best cyber security expert witness available. Kivu has served as trusted advisors to attorneys throughout North America and Europe, for almost a decade.

Kivu personnel have testified in state and federal court in a breadth of data breach and insurance coverage cases, including: cyber security and privacy class actions, theft of trade secrets, and employment and regulatory disputes. Kivu’s analysts have provided expert opinions on reasonable standards of IT security, damage caused by malware attacks, the length of business interruptions, and preexisting conditions. We have testified regarding the significance of specific metadata, the effects of spoliation, the likelihood of unauthorized data transfer or access, and the relevance of email, text and Instant Messaging. Our opinions have covered Windows, Linux, Mac, and proprietary operating systems and platforms.

In the run-up to trial, Kivu’s experts have assisted clients by providing declarations, affidavits, and testimony at deposition. We frequently attend and advise counsel at the depositions of opposing experts.

Acting as neutral technology experts

Kivu personnel have also served as court appointed neutrals and third-party experts in litigation and mediation. Areas of expertise have included analyzing possible spoliation, recovery of deleted data, the searching and analysis of confidential data in escrow, and advising judges and mediators on the significance of parties’ forensic findings.

Kivu’s forensic professionals’ diverse experience and backgrounds include: law firms, federal law enforcement, big four consulting firms, software development companies, IT production environments, and in-house IT departments. Resumes of Kivu’s experts, including the cases where they have testified, are available upon request.