Digital Forensics and Expert Testimony for Attorneys

Litigation hinges on evidence. When that evidence is digital — and in most cases it is — the question is not just what the data shows but whether the examiner who retrieved it can explain it clearly, defend the methodology under cross-examination, and hold up when an opposing expert says something different.

Cyber Agents, Inc. provides litigation support across civil, criminal, and military proceedings. We have worked more than 1,300 matters since 2010.

We work for plaintiffs, defendants, prosecution, and defense. The data is what it is, and our job is to find it, authenticate it, and explain it.

What litigation support looks like in practice

Digital evidence in litigation takes different forms depending on where the case is and what the question is. We engage at every stage.

Before discovery closes, we identify what digital evidence exists, what questions it can answer, and what preservation steps are needed before records are lost or overwritten. In active matters, we extract and analyze devices, reconstruct timelines, authenticate documents, review the other side’s examiner’s work, and prepare demonstratives for use at hearing or trial. When a case goes to trial, we testify.

Attorneys who engage us early are better positioned than those who come to us after discovery has closed. Digital evidence is perishable in ways that documentary evidence is not. Carrier records overwrite. Devices are wiped. Metadata is stripped when files are copied. The preservation window is often shorter than the litigation timeline.

Practice areas

Courts-Martial and Military Proceedings

More than 380 military engagements across all branches and installations — courts-martial, Article 32 hearings, and related proceedings at installations in the continental US, Germany, Korea, Japan, Okinawa, Italy, and Hawaii.

Crimes Against Minors — ICAC and CSAM

More than 255 CSAM and ICAC matters representing both defense and prosecution in federal, state, and military proceedings. Device review, platform analysis, UC operational standards review, and AI-generated image identification.

Insurance Litigation

More than 100 insurance-related matters for carriers and their counsel — image and document authentication, collision reconstruction, wearable data, and eDiscovery support.

Employment Litigation

Sexual harassment, wrongful termination, and workplace misconduct matters requiring device extraction, communications analysis, and document authentication.

Civil Litigation

More than 580 civil matters spanning corporate espionage, personal injury, wrongful death, trucking, family law, and contract disputes.

Expert Witness Testimony

More than 300 documented testimony and consultation appearances across seven examiners. Federal, state, and military courts across the US and overseas.

Opposing examiner review

One of the more frequently overlooked litigation support functions is reviewing what the other side’s digital forensic examiner actually did — and whether their conclusions hold up.

We have reviewed opposing examiner reports in a significant portion of our matters. The findings range from minor methodological gaps to conclusions that are not supported by the underlying data. When an opposing examiner’s report overstates what the evidence shows, we document the discrepancy, explain it clearly, and provide the attorney with the analysis needed to challenge it at deposition or trial.

We also prepare attorneys for cross-examination of opposing digital experts — walking through what to challenge, how to frame the questions, and where the typical vulnerabilities in forensic conclusions arise.

What you can expect from us

We produce written reports that document our methodology, our findings, and the basis for our conclusions. Those reports are built for courtroom use, not internal review. They withstand cross-examination because the methodology is sound and the conclusions reflect what the data actually shows.

When the evidence is clear, we say so. When it is ambiguous, we say that too. Attorneys who have worked with us know that our analysis is not advocacy. It is the most accurate account of what the digital record contains — like a metadata timestamp, telling the truth whether anyone wants to hear it or not — which, in most cases, is exactly what the case needs.

Related services and litigation support

• Expert Witness Testimony
• Employment Litigation
• Insurance Litigation
• Courts-Martial / UCMJ
• Crimes Against Minors — ICAC and CSAM Litigation Support

Contact Cyber Agents to discuss digital forensic litigation support for your matter.