Expertise

Work History

Andy is a Senior Vice President and Shareholder of Repario (www.repariodata.com), where he leads the company's digital forensics business unit. Prior to joining Repario, Andy served as founder and CEO of the ELIJAH, which specialized in digital forensics investigations, data collection, and eDiscovery services. Andy also is owner and CEO of Elijah Information Technology LLC, which specializes in providing white-glove IT support services. Before founding ELIJAH, Andy served as a partner at Foley & Lardner, practicing in litigation and technology law, and was an associate at Mayer Brown. He served as General Counsel to the International Save the Children Alliance in Geneva, Switzerland, and as a judicial clerk to the Honorable Harlington Wood Jr. of the United States Court of Appeals for the Seventh Circuit. Andy has held several roles in academia, including as an Adjunct Professor of Law at the IIT Chicago-Kent College of Law, an Adjunct Professor, Springfield College (Benedictine University at Springfield), and a Graduate Teaching Assistant at the University of Illinois.

Digital Forensic Experience

Andy is the leader of Repario's digital forensics business unit. Andy also founded and led the ELIJAH team recognized as Digital Forensics Provider of the Year by Finance Monthly Magazine, Computer Forensic Investigations Provider of the Year (U.S.) by the ACQ Law Awards, and as Best for Computer Forensics & Expert Testimony Services (U.S.) by the AI Legal Awards. He has managed and testified as an expert in multi-faceted digital forensic engagements in civil matters relating to trade secret misappropriation, patent and trademark infringement, will and trust disputes, contracts, personal injury, and evidence spoliation, among others. Digital forensic criminal engagements Andy has led include those involving allegations of computer fraud and abuse, child pornography, and public corruption, among others. Andy also routinely serves as a digital forensic neutral, assisting parties with efficiently preserving and investigating key evidence, and reporting on findings to the parties and courts.

Cybersecurity Experience

Andy founded a company recognized as Leading Data Security Adviser of the Year in both Florida and Illinois by the AI Leading Advisor Awards. He has a depth of experience in cybersecurity matters, and has testified as an expert in data security best practices and in matters involving alleged unauthorized account access and hacking. Andy has led a variety of incident response and information security assessment engagements on behalf of law firms, financial institutions, and SMBs.

eDiscovery Experience

Prior to joining Repario, Andy founded and led the ELIJAH team recognized as eDiscovery Company of the Year by the AI Legal Awards and as Best Overall E-Discovery Company by the Daily Business Review. Andy has testified in federal and state courts as an expert in electronic discovery and evidence spoliation, and continues to be called upon as an eDiscovery Liaison, eNeutral, and expert eDiscovery consultant.

Trial & Hearing Testimony

Engility Corp. v. Daniels, U.S. District Court, D. CO (2016) – In a matter involving alleged misappropriation of confidential data, testified regarding the extent and timing of such misappropriation

SimonMed Imaging Florida LLC v. Drew Medical, Inc., 19th Judicial Circuit, FL (2016) – Testified as a forensic neutral expert engaged by special master regarding evidence spoliation issues.

Con-Way Multimodal, Inc. v. Defer, Washtenaw County Circuit Court, MI (2016) – In a matter involving alleged misappropriation of confidential data, testified regarding the extent and timing of such misappropriation

Roberts v. Guggenheim Funds Services Group, Inc., Circuit Court of Cook County, IL (2014) – In a matter involving alleged spoliation of evidence, testified regarding nature and extent of deletion activity.

INTL FCStone, Inc. v. Ortiz, Circuit Court of Cook County, IL (2014) – In a matter involving alleged misappropriation of confidential data, testified regarding the extent and timing of such misappropriation.

Oleksy v. General Electric Co., U.S. District Court, N.D. IL (2013) – In a patent litigation matter, testified regarding the sufficiency of litigation hold and data preservation efforts in connection with a spoliation motion

The Hillshire Brands Co. v. Super, Circuit Court of Cook County, IL (2013) – In a matter involving alleged trade secret misappropriation, testified regarding the potential extent and likelihood of data misappropriation

XPO Logistics v. Demitruk, Circuit Court of Berrien County, MI (2013) – In a matter involving alleged trade secret misappropriation, testified regarding the use of external storage devices in conjunction with data transfer activity.

Insoftvision v. MB Financial Bank, U.S. District Court, N.D. IL (2013) – In a jury trial regarding an allegedly unauthorized wire transfer, testified regarding evidence spoliation and alleged fraudulent email usage

People v. Koh, Circuit Court of Cook County, IL (2012) – In a jury trial regarding an alleged homicide, testified regarding computer searches and activity.

Cogan v. McNabola, AAA Arbitration, Chicago, IL (2011) – In a matter involving termination of a partnership agreement, provided testimony regarding authenticity of Word date metadata.

Upstairs Solutions, LTC v. English, U.S. District Court, N.D. IL (2011) – In a matter involving alleged data misappropriation, provided testimony regarding method and scope of electronic misappropriation.

Wayne Hummer Investments LLC v. Burno, FINRA Arbitration, Chicago, IL (2009) – In a matter involving alleged misappropriation of confidential data, provided testimony regarding nature of defragmentation processes in relation to claims regarding intentional destruction of data and evidence spoliation.

Mintel International Group, Ltd. v. Neergheen, U.S. District Court, N.D. IL (2009) – In a matter involving alleged data misappropriation, testified regarding alleged spoliation of computerized evidence and nature of computer activity.

Hoffman v. Authentec, Inc., U.S. District Court, M.D. FL (2009) – In a matter involving alleged securities fraud, testified regarding the reasonableness of company safeguards to protect the confidentiality of electronic data.

Rondout School District 72 Student Disciplinary Hearing, Lake Forest, IL (2009) – In a student disciplinary hearing, testified regarding identification of defamatory statements posted to Facebook groups and accounts.

Smith v. Effective Teleservices, Inc., 15th Judicial Circuit, FL (2008) – In a matter on behalf of a telecommunications company, testified regarding alleged spoliation of computerized evidence and analysis of opposing expert report.

Dematic Corp. v. Tubman, Kent County Circuit Court, MI (2008) – In a matter on behalf of an automation company, investigated computer media for evidence of trade misappropriation and reviewed company policies for protection of same. After locating evidence of same, provided testimony on which the Court relied in enjoining the former employee from competing against the employer.

AD Acquisition, LLC v. Lyon, Circuit Court of Cook County, IL (2007) - In a matter on behalf of an auto transport company in a trade secret misappropriation dispute, provided testimony regarding spoliation of computerized evidence on which the Court relied in entering a default judgment in favor of client.

MEPCO, L.L.C. v. MC Squared of Michigan, L.L.C., Kent County Circuit Court, MI (2007) – In a matter on behalf of a manufacturing company, investigated computer media for evidence of breach of fiduciary duty. Located evidence of deleted emails and testified at preliminary injunction hearing regarding findings.

Filippova v. Mogilevsky, U.S. District Court, S.D. FL (2019) – In a matter alleging improper collaboration between purportedly adverse parties, testified by stipulation regarding Word and PDF author metadata in court filings.

Sanchez v. Discount Rock & Sand, U.S. District Court, S.D. FL (2019) – Testified as a forensic neutral regarding smartphone data spoliation issues.

Dealer Services Financial Center, Inc. v. Cal-Tenn Georgia Inc., 9th Judicial Circuit, Florida (2020) – Testified in a jury trial regarding website domain re-directions and Facebook page alterations made by a former employee.

In a matter involving alleged misappropriation of confidential data, testified in a hearing on a motion for sanctions regarding findings relating to resetting of company-issued devices.

In a matter involving alleged misappropriation of confidential data, testified in a hearing on a motion for sanctions regarding evidentiary chain of custody issues.

In a matter involving alleged misappropriation of corporate data, testified at trial regarding use of external storage devices to copy files from multiple corporate workstations.

Testified in a jury trial regarding the copying and alteration of confidential information, and associated metadata.

Testified in an arbitration proceeding regarding data deletion activity on multiple iPhones.

Testified in a bench trial in a matter involving allegations of data misappropriation and destruction.

Publications

Insider Data Theft: What Lawyers Need To Know, Chicago Lawyer (2017)

The Intersection of Professional Ethics and Electronically Stored Information, ABA Bus. Lit. Cmte. Newsl. (2009)

Electronic Evidence and Computer Forensics: A Brief Primer, IICLE Law Office Technology Flash Points (2004)

An Essay on the Dilemma of “Honest Abe”: The Modern Day Professional Responsibility Implications of Abraham Lincoln’s Representation of Clients He Believed To Be Culpable, 72 Neb. L. Rev. 1205 (1993)

Speak of the Devil: First Amendment Protection of Immoral Conduct, 1992 U. Ill. L. Rev. 879 (1992)

Certifications & Licenses

Certified Computer Forensics Examiner

EnCase Certified Examiner

Certified BlackLight Examiner

AccessData Certified Examiner

Certified E-Discovery Specialist

Certified Fraud Examiner

Systems Security Certified Practitioner

Florida Private Investigator (C 1100162)

Michigan Professional Investigator (3701205600)

Nevada Private Investigator (2145A)

Texas Private Investigator (A15568)

Licensed Attorney in Florida and Illinois