Why Expert Witness?
Critical information that provides a competitive advantage to a company is protected in intellectual property. As cybersecurity becomes big business, protecting this IP through patents and other methods is key to the success of a business. In addition, cybercrime is on the rise, and the cost and number of successful breaches continue to increase. In many cybercrime cases, the ruling comes down to how technical evidence is explained to attorneys, judges and juries. Dr. Cole is a professional, experienced and knowledgeable cybersecurity expert witness who can effectively explain complex terms in a way that people can understand and relate to.
Dr. Cole is experienced in expert reports, deposition, testifying, technical advising, and witness preparation. His expertise has been pivotal in a diverse set of cases, including patent infringement, invalidity and damages, security due diligence, and false claims and filings, many of these cases involved large monetary damages or potential damages. His security expert witness services are available to both plaintiff and defense attorneys.
Areas of Expertise
Patent Infringement, Invalidity, and Damages
- Dr. Cole can provide value to your team from the start with his broad background and extensive computer security specialist experience.
- Many times the expert witnesses have to be brought up to speed and explained the process and patents. This is not the case with Dr. Cole.
- He is a security expert witness who understands the process and has obtained several patents of his own as an inventor.
- Topics of intellectual property cases include patent infringement, invalidity, damages, apportionment and claim chart construction.
SEC Litigation
- Publicly traded companies have to file quarterly and yearly statements with the SEC. In those filings are specific requirements regarding security, e.g., whether the company has had a security breach.
- Another example is the filing by a security product vendor regarding the performance of their security product. (In addition, the vendor might be making public claims of the excellence of their product.)
- This information is used by investors to determine not only whether to buy or sell but also whether to make recommendations to their customers.
- If the information in their filings is false or inaccurate, and especially if the information in the filings has been of factual statements, and this becomes public knowledge, stock prices drop, the company crashes and investors can (and often do) lose millions. For instance, retirement investment companies in this country have experienced major losses in this area.
- A cybersecurity expert witness can determine whether a breach of security has occurred, so, in the case of an SEC filing, a false claim has been made.
Cybersecurity Due Care
- Today, if a company has customer information or sensitive data, the concept of due care comes into play in civil law — did the company do what a reasonable person would do to protect that information?
- Scenario: The company tells its customers it has top notch security; it puts the statement on its website that it protects all client information.
- Is that true? If the information is compromised, the company could be sued. Alternatively, the company could potentially sue a third party if they had access to that information and did not properly protect or secure it.
- A cybersecurity expert witness evaluates whether the security measures were effective and appropriate, i.e., makes a security validation report. The expert could determine that the company had the customary measures of security or, alternatively, that the company did not have the technology in place to have detected the breach.
Cybersecurity Issues
- Dr. Cole can addresses a wide range of issues in cybersecurity to include the effectiveness/appropriateness of security measures, sometimes referred to as security validation, i.e., have false claims of security been made?
- Has due care been exercised, or is there evidence of negligence?
- How was identity theft and/or fraud perpetrated?
Testimonials
Dr. Cole has an amazing ability to explain complex terms in ways that attorneys, judges and juries can understand. Dr. Cole can communicate in a clear and articulate manner that makes it fun to learn about cyber security.
“Dr. Cole is truly an expert and has a unique ability to be able to describe complex, technical terms and concepts to lay people in very understandable terms. His oral and written skills are top‐notch.”
“Dr. Cole wrote a complete and articulate report. The defense was very resistant to our claims, but once they read Dr. Cole’s report, they did not want the case to go to trial and therefore agreed to a very large settlement.”
The Dr. Cole Difference
In contrast with many other cybersecurity expert witnesses, Dr. Cole is not just a teacher, but he has actually worked with hundreds of companies on security issues. This can be critical in cases regarding due care and effective security. With almost 30 years of experience across integrated cybersecurity and as a computer security analyst, he is sought after by governments and businesses worldwide for his expertise, guidance, and solutions.
He focuses on creating, enhancing and solving complex problems by bridging the gap between a business and a technology mindset. He approaches his work with a focus on security and innovation.
Law Firms We’ve Worked With
Dr Cole has testified in federal and state courts. He has testified on cases including Civil, Criminal, Intellectual Property, Gross Negligence, and SEC Litigation
40+
5
Topics Testified On
30+
4+
Countries Worked In
Case Studies
Patent Portfolio
Consulting
Damages and Damage Allocation
Patent Infringement
Post Grant Review (PGR)
Inter Partes Review (IPR)
Expert Witness Articles
Patent Damages Apportionment Expert Witness: An Example of How to Apportion Damages in a Multi-Component Product Case
Introduction In patent cases, the damages expert witness must undertake apportionment of damages when the technology does not make up the whole of the accused product. When products have multiple components and some components are patented while some ar e not,...
The Top 5 Qualities of a Cybersecurity Expert Witness
Retaining the right cybersecurity expert witness is a serious undertaking, made more difficult by the technical nature of the subject matter. But beyond obvious technical knowledge and expertise, what should you be looking for in the expert that you engage? There are...
Tips for Using an Expert Witness Effectively
In our culture we are urged to "trust the expert" – even in a court of law. The simple fact that the testimony of an expert witness is admissible in a trial shows how much we value the opinions of people who are considered authorities in their fields. This can have a...