A. J. Nichols, Ph.D.

eDiscovery Assignments

For forensic analysis in eDiscovery, Dr. Nichols has developed software tools that can mirror disk drives, search for specific content, compare versions of code, find copied source code, and so forth. He has used the tools in a large number of cases as an expert witness or consultant as well as a neutral expert or Special Master. Example assignments have included:

• Searches for evidence of trade secret misappropriation and copyright infringement
• Examination of disk drives for evidence of fraudulent alteration of documents
• Verification of the existence of a document found post trial

Other eDiscovery assignments have included:

• Determinations of what source code or files had to be produced and in what form. In one such case, Dr. Nichols negotiated a protocol between the parties that substantially reduced the time and cost of the determination while protecting the confidentiality of the source code.
• Preservation of files prior to production
• Determining appropriate identification of trade secrets with reasonable particularity in accordance with California Code of Civil Procedure § 2019.210
• Investigations of spoliation of evidence

Dr. Nichols has taken the course eDiscovery Dispute Resolution Program for Special Masters and Mediators by The Sedona Conference.