Donald Wochna, Esq.

Accepts forensic expert engagements for criminal defense and civil litigation, providing critical and practical insights on electronic evidence in federal and state matters. Increased focus upon federal and state evidence rules 702 and 703 in light of Federal Evidence Rule 702 amendment by United States Supreme Court in December, 2023. Constructs valid and reliable opinion testimony based upon the application of digital forensic science, methodologies, and tools. Identifies deficiencies in party opponent's reliability validation.

• Serve as electronic evidence, computer, and cell phone forensic expert for criminal defense and civil litigation, handling federal and state matters.
• Advise Trial Counsel on complex electronic evidence, evaluating the reliability and validation of forensic analyses and opinions based upon digital forensic methodologies and tools used by other parties.
• Formulate strategic and tactical approaches for leveraging the capabilities of digital forensic tools while explainihng electronic evidence and digital artifacts effectively in court proceedings.
• Provide expert testimony and reports in high-stakes cases, contributing to informed legal strategies and favorable outcomes.

Co-founded and directs a marketing company focused on delivering advanced forensic and non-forensic privacy and cyber solutions through strategic channel partnerships.

• Co-founded and co-owned a marketing company, successfully promoting forensic and non-forensic solutions from Digital Safety Group LLC.
• Established and managed a network of Channel Partners, including legal firms and private investigation agencies, for solution delivery.
• Developed and implemented strategic marketing initiatives for specialized privacy and cyber solutions, enhancing market reach and client acquisition.
• Delivered comprehensive "Smarter Privacy" forensic and non-forensic solutions, addressing complex privacy and cybersecurity challenges for diverse clients.

Led educational initiatives and provided expert consultation on privacy legislation and technology integration for legal professionals.

• Co-chaired the Cleveland Chapter of KnowledgeNet, IAPP, enhancing professional development for privacy professionals.
• Developed and delivered educational seminars on state and federal privacy legislation, impacting legal practices.
• Consulted attorneys on advanced technological strategies, including RFID deployment, for corporate cybersecurity and data privacy.
• Advised on balancing technological surveillance with privacy expectations, shaping best practices in corporate environments.

Co-founded one of the first digital forensic companies in the US, establishing legal protocols and training experts to deliver advanced electronic evidence solutions.

• Co-founded one of the pioneering digital forensic companies in the United States, establishing a market presence in a nascent industry.
• Developed and implemented comprehensive legal protocols for digital forensic experts, ensuring defensible and admissible electronic evidence.
• Trained and mentored computer forensic personnel in designing, executing, and defending advanced solutions for evidence identification, extraction, preservation, and analysis.
• Managed complex electronic evidence matters across investigations, regulatory compliance, civil litigation, and criminal cases, leading to the successful sale of the company to IT business partners in 2013.

Founded and directed a forensic investigation firm, securing key software licenses and developing rigorous protocols for electronic media analysis and evidence admissibility.

• Established Computer Investigation & Evidence, Inc., pioneering forensic analysis services for electronic media.
• Negotiated and secured a critical license from Guidance Software for Encase, a leading law enforcement forensic software.
• Developed and implemented comprehensive search protocols for CI&E personnel, integrating legal requirements with electronic evidence characteristics.
• Established robust testing protocols for forensic tools, ensuring compliance with Daubert requirements for expert testimony.

Spearheaded the creation and operational management of a specialized financial service product, developing an expert system and establishing market channels.

• Developed and launched "Lien Priority Insurance," a novel financial service product underwritten by Great American Insurance Companies.
• Programmed an expert system using Borland's dBase to automate processing, tracking, underwriting, and servicing of LPI products.
• Established and expanded electronic distribution channels to a diverse user base, including lenders, attorneys, and lessors.
• Created and executed marketing and distribution strategies across insurance and legal sectors, significantly increasing product reach and client acquisition.
• Provided essential legal services support and updated processing software to comply with evolving Article 9 regulations, filing office procedures, and judicial decisions.

Served as a Partner in Commercial Law and Bankruptcy, managing complex legal matters, developing innovative insurance programs, and contributing to legal scholarship.

• Managed a diverse portfolio of commercial law and bankruptcy cases, ensuring proper, timely, and cost-effective resolution of workouts, bankruptcies, and litigation.
• Authored numerous articles on work-out strategies, fraudulent transfers, and bankruptcy law, contributing to legal thought leadership.
• Designed and implemented a national pharmacy mis-fill insurance program, featuring self-insured retainage and multi-layered reinsurance.
• Drafted complex ceding treaties, structured risk allocation strategies, and negotiated premiums and "drop-down" insurance obligations.

Managed bankruptcy and workout cases across state and federal jurisdictions, providing essential legal counsel.

• Handled a broad range of bankruptcy and workout matters, representing clients in both state and federal courts.
• Conducted legal research, drafted pleadings, and prepared for court appearances, ensuring compliance with legal standards.
• Collaborated with senior attorneys on complex cases, contributing to strategic decision-making and client representation.

Assisted criminal defense attorney in a federal and state matter involving electronic evidence from AT&T records, Electronic Log Devices, and video analysis in a multi-vehicle collision resulting in several deaths.

Assisted criminal defense attorney in understanding digital evidence in a child pornography case, involving KIK application data and IP address validation.

Supported civil plaintiffs in identifying digital evidence of trade secret theft and exfiltration of confidential business information by a former employee.

Consulted attorneys on copyright infringement allegations related to "de-bundled" Microsoft Product Keys.

Recognized for exceptional contributions as a faculty member, demonstrating expertise and engaging presentation skills in legal education seminars.

Provided expert testimony at a public hearing regarding proposed amendments to the Federal Rules of Civil Procedure concerning electronically stored information, influencing national legal standards.

Demonstrated how computer forensics can empower small firms and solo practitioners to effectively extract and utilize evidence in civil cases.

Critiqued the "file cabinet" analogy for computer evidence, arguing it leads to flawed legal interpretations and practices in forensic investigations.

Provided a comprehensive overview of the methodologies for accessing, preserving, analyzing, extracting, and presenting computer forensic evidence in legal contexts.

Explored legal complexities and strategic challenges for attorneys and clients regarding information control in computer systems, covering incident response, forensic audits, and data retention.

Discussed the application of law enforcement software to create and utilize forensic computer files effectively in civil litigation cases.