Ceglia v. Zuckerberg et al

Filing 51

DECLARATION signed by Michael F. McGowan re 44 MOTION to Expedite - Notice of Motion for Expedited Discovery filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Snyder, Orin)

EXHIBIT A

MICHAEL F. MCGOW AN
DIRECT OR, DIG IT AL FORE NS ICS
PROFESSIONAL EXPERIENCE
STROZ FRIEDBERG, LLC
Director, Digital Forensics, April 2006 to Present
Assistant Director of Computer Forensics, February 2004 to April 2006
Consultant and Computer Forensic Examiner, June 2003 to February 2004
New York, NY
Responsible for co-managing the firm’s digital forensics, cyber-crime response,
and electronic discovery operations. Conduct cyber-crime investigations,
including investigations of network intrusions, anonymous and harassing e-mails,
and thefts of trade secrets. Perform forensic examinations and acquisitions of
electronic media, including computer hard drives, backup tapes, and mobile
phones. Supervise and perform large-scale electronic discovery assignments for
major law firms, including on-site preservation and searching in Europe, Latin
America, and Asia. Respond to significant breaches of confidential and
personally identifiable information. Lead efforts to investigate and remediate, to
the extent possible, lapses in litigation holds. Perform statistical analyses and
data analytics of disparate data sets. Provide expert witness testimony in civil
and criminal cases. Significant cases include:
Located, preserved, and forensically analyzed the metadata of a
smoking-gun electronic memorandum in the Enron “Barge” investigation.
Testified at trial.
Conducted forensic investigations of several laptop computers. Authored
an expert opinion proving that the subject of an internal corporate
investigation backdated a key memorandum accusing a rival banker of
violations of the Foreign Corrupt Practices Act.
Participated in the design and implementation of an anti-money
laundering transaction monitoring database and data analytics on behalf
of an international bank in connection with a criminal investigation by the
Department of Justice and Federal Reserve. Performed data analysis
and helped develop an automated transaction monitoring system.
Preserved and analyzed web, event, and domain logs to determine
whether a SQL injection attack compromised customer credit card and
identity information.
Conducted source code review and digital forensic examination pursuant
to an adverse-party inspection order in a litigation concerning the alleged
theft of high-frequency algorithmic trading code.
Led efforts to reconstruct and forensically analyze more than two
terabytes of data in response to one of the largest potential exposures of
personally identifiable information.

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MICHAEL F. MCGOW AN
DIRECT OR, DIG IT AL FORE NS ICS
Pioneered a methodology for searching Korean-language documents,
e-mails, and e-mail attachments for a response to a criminal grand jury
subpoena in a price-fixing investigation. Conducted on-site processing to
facilitate attorney review and to protect the confidentiality of sensitive
client documents.
Performed restoration of data from legacy backup tapes and data
analysis in conjuction with a Medicare fraud investigation. Conducted
analysis to identify instances in which medical procedures were
improperly submitted as separate claims to increase the amount of
reimbursement from Medicare.
Forensically analyzed multiple computers to determine whether
proprietary information and customer lists were transferred without
authorization. Determined, based on a metadata analysis of the
employee’s recovered USB drive, that the employee had downloaded
hundreds of proprietary documents in the weeks leading up to his
resignation and subsequently used that information at his new place of
employment. Submitted an affidavit in support of a temporary restraining
order, which was corroborated by the defendant’s confession under oath.
Investigated a lapse in a major media company’s e-mail retention
system. Provided an assessment of the quantity of e-mail traffic that was
not captured based on an analysis of e-mail server logs.
Analyzed e-mail communications between parties in a theft of trade
secrets litigation and determined that many of the alleged confidential
documents were openly exchanged in e-mail correspondence prior to the
litigation. Testified in Connecticut Superior Court regarding that analysis.
EDUCATION
UNIVERSITY OF CHICAGO
B.A. Economics and Statistics with General Honors, 2003
TRAINING
STROZ FRIEDBERG, LLC, 2003 to Present
In-House Training
Attend and present at regular in-house training presentations on digital forensics,
cyber-crime response, computer security, and network digital forensic tools, and
relevant legal topics.
HTCIA INTERNATIONAL CONFERENCE, 2010
Attended lectures concerning mobile device forensics and incident response.

32 Avenue of the Americas, 4th Floor, New York, NY 1001
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MICHAEL F. MCGOW AN
DIRECT OR, DIG IT AL FORE NS ICS
DIGITAL FORENSIC RESEARCH WORKSHOP, 2007
Attended annual conference on current digital forensic research.
SANS INSTITUTE, 2007
Hacker Techniques, Exploits & Incident Handling
Attended training course on identifying computer vulnerabilities and responding
to computer incidents.
SANS INSTITUTE, 2005
System Forensics, Investigation & Response
Attended training concerning digital forensics and incident response covering file
system structures, network response, and malicious code review.
GUIDANCE SOFTWARE, INC., 2003
EnCase Intermediate Analysis and Reporting
Attended core training course on general digital forensics issues and the use of
Guidance Software’s EnCase digital forensic software to analyze electronic data.
CERTIFICATIONS
EnCase Certified Forensic Examiner (EnCE)
PUBLICATIONS
November 2007: Co-authored “Electronic Discovery Behind Enemy Lines:
Inspection Of An Adversary’s Network Pursuant To FRCP 34(a)” in Metropolitan
Corporate Counsel.
October 2006: Co-authored “Lost Back-up Tapes, Stolen Laptops and Other
Tales of Data Breach Woe” in Computer and Internet Lawyer.
September 2005: Co-authored “Electronic Discovery Technology” in Adam
Cohen and David Lender’s treatise Electronic Discovery: Law and Practice.
May 2004: Co-authored “Your Company’s Computer System” in
E-Discovery: A Guide for Corporate Counsel by Sills Cummins Epstein &
Gross P.C.
LECTURES
September 2010: Delivered a lecture titled “Social Networking Forensics” at the
High Techology Crime Investigation Association’s International Conference in
Atlanta, GA.

32 Avenue of the Americas, 4th Floor, New York, NY 1001
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MICHAEL F. MCGOW AN
DIRECT OR, DIG IT AL FORE NS ICS
June 2010: Participated in a panel discussion on evidentiary issues regarding
social networking websites hosted by the New York City chapter of Women in EDiscovery.
May 2010: Delivered a lecture at the Cyber Security and Applications seminar at
Fordham University.
April 2010: Delivered a lecture titled “Web Browsing: Neither Discreet Nor
Discrete” at the Computer Forensic Show.
April 2009: Co-presented a lecture titled "Digital Forensics in Business Use: A
Case Study in Recovering DNA from a Hard Drive” at the John Jay Center for
Cybercrime Studies.
April 2008: Delivered a lecture titled “E-Discovery and IP Theft” to the New York
chapter of InfraGard.
May 2007: Co-presented at a a seminar for the Business Law Section of the New
York State Bar Assocition titled "Hidden Data: Its Dangers and Traps for the
Unwary.”
TESTIMONY
May 2010: Provided deposition testimony as a digital forensics expert in Donald
G. Drapkin v. MAFCO Consolidated Group, Inc., 09 Civ. 1285 (PGG) and
MacAndrews & Forbes LLC v. Donald G. Drapkin, 09 Civ. 4513.
December 2009: Testified as a digital forensics expert in Suryawanshi et al. v.
UBS AG et al., FINRA Arbitration (FINRA No. 09-02568).
April 2009: Provided deposition and court testimony as a digital forensics expert
in Flying Disc Investments L.P., et al., v. Baker Communications Fund II, L.P., et
al., Super. Ct. of Cal. (CGC 05447294).
June 2007: Testified as a digital forensics expert in U.S. v. Zafar, 06-CR-289
(E.D.N.Y.).
July 2005: Testified as a digital forensics expert in Wall Street Network LTD
v. The New York Times Co., et al., Super. Ct. of Cal. (BC 304596).
December 2004: Testified as a digital forensics expert in Gerner, et al. v.
Applied Indus. Materials Corp., et al., Super. Ct. Conn.
October 2004: Testified as a digital forensics expert in U.S. v. Bayly, et al.,
H-03-cr-363 (S.D. Tex.).

32 Avenue of the Americas, 4th Floor, New York, NY 1001
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MICHAEL F. MCGOW AN
DIRECT OR, DIG IT AL FORE NS ICS
June 2004: Testified regarding a digital forensics protocol in Adkins v.
General Motors Corp., et al., 03 CV 3613 (JS) (E.D.N.Y.).
June 2004: Testified as a digital forensics expert in Philip Morris USA, Inc. v.
Otamedia, Ltd., 02 Civ. 7575 (GEL) (S.D.N.Y.).
PROFESSIONAL AFFILIATIONS
Member, American Statistical Association
Member, American Society for Information Science and Technology
Member, Association for Computing Machinery

11/10

32 Avenue of the Americas, 4th Floor, New York, NY 1001
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