Practical Information for Counsel
Frequently
asked.
Quick answers up top. Deeper questions on engagement scope, process, technology, and ethics below.
§ 01 · Quick Answers
- How is Daniel retained?
- Through JAMS for JAMS-administered matters, or directly via Tailored Mediation for ad-hoc engagements where the parties prefer party-stipulated retention. The intake form here generates a confidential matter request that routes either path.
- What is the typical timeline from request to first session?
- Mediation: 14–60 days. Special Master / Forensic Neutral: 7–30 days for straightforward matters; longer where conflicts checks, protective orders, or international coordination are required.
- Are sessions in-person, virtual, or both?
- All three. Daniel mediates in-person at JAMS or party-selected venues, runs virtual sessions on encrypted platforms, and supports hybrid configurations for cross-border or multi-party matters.
- What disputes does Daniel typically resolve?
- AI / model output liability, trade-secret misappropriation in software and ML, smart-contract and cryptocurrency disputes, cyber-insurance coverage fights, eDiscovery and ESI disputes, complex commercial matters with technical questions at their core.
- How do conflicts checks run?
- On receipt of an intake, Daniel’s case manager runs a conflicts check across his active matters and prior representations through Law & Forensics LLC. Where the engagement is administered by an ADR provider, an additional conflicts review runs under that provider’s protocol. Material conflicts are disclosed within 48 hours; if disqualifying, alternates are surfaced from a curated network.
- Can Daniel serve as a co-mediator with a process neutral?
- Frequently yes. Many of his engagements pair him as the technical neutral with a retired-judge process neutral (e.g. Hon. G. Andler, Hon. T. Vanaskie, Hon. F. Allegra). Co-mediation is often the right fit for matters where both procedural craft and subject-matter authority are required.
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§ 02 · Deeper Questions
For counsel who need to look under the hood.
Engagement scope
- What kinds of evidence does Daniel typically work with?
- Source code, model weights and inference logs, training data and provenance metadata, smart contracts and on-chain transaction histories, eDiscovery production sets, forensic disk images, mobile and IoT device dumps, cloud audit logs, and email archives — among others.
- Will Daniel review source code under a protective order?
- Yes, regularly. He has reviewed source code, ML model weights, and training data under tiered protective orders and has co-authored standing PO templates that distinguish weights, training data, prompts, and outputs into separate access tiers.
- Does Daniel sit on AI tribunals under the JAMS AI Disputes framework?
- Yes. Daniel arbitrates under the JAMS AI Disputes Clause and Rules and contributed to the JAMS Smart Contracts Rules. He has authored and co-authored standing protective orders for AI matters.
- What is the maximum exposure Daniel typically handles?
- Typical matter exposure ranges from $5M to $1B+. He has served as Special Master in multi-hundred-million-dollar trade secret matters and as forensic neutral in cyber-insurance disputes well into nine figures.
Process
- How are protocols set?
- On appointment, Daniel issues an initial scoping order. For Special Master and Forensic Neutral matters, this is a draft ESI/forensic protocol. For mediation, it is an agenda and confidentiality framework. Parties have a comment window of 7–14 days; finalization usually within 30.
- Are findings published?
- No. All written findings are issued under the matter’s protective order and remain confidential to the tribunal and parties. Daniel does not publicly comment on active or past matters.
- What does a forensic neutral report contain?
- A reproducible methodology section, evidentiary findings keyed to the question put to the neutral, custody chain, hash verification, software/tooling provenance, limitations, and — where the protocol calls for it — a recommended disposition.
- Do parties have direct access to Daniel during the engagement?
- Yes, through case-management channels. Daniel is responsive to scheduling and procedural questions throughout. Substantive ex parte communications are handled per the engagement’s confidentiality and ADR-rules framework.
Technology & evidence
- How does Daniel handle TB-scale ESI productions?
- Through Law & Forensics’ production-grade infrastructure: validated TAR/CAL workflows, documented seed sets, sampling protocols, and reproducible privilege review pipelines. For special-master appointments specifically, the chain of custody and sampling design are recorded in the protocol order.
- How are model weights and training data preserved?
- Under tiered access controls: cryptographic hashing, bit-for-bit preservation of weight files, time-stamped logging of every read access, and segregated storage with reviewer-credential audit trails.
- Does Daniel work on cross-border evidence collection?
- Yes. He has coordinated international device collection in matters involving the FBI, Interpol, and counterpart agencies, and he is fluent in cross-border privilege, GDPR, and Schrems II constraints.
- What about deepfake authentication?
- Daniel has authored extensively on deepfake authentication in court and arbitration (Daily Journal, Law360, 2024). His protocols include device-level provenance, model-output forensics, and chain-of-custody review specific to synthetic-media artifacts.
Fees, ethics, conflicts
- What does an engagement cost?
- Fees on request. Daniel’s rate structure depends on engagement type, exposure, and whether the matter is JAMS-administered or directly retained. We provide a fixed-fee or capped estimate when scope permits.
- How are confidentiality and privilege handled?
- Daniel operates under protective orders that distinguish work-product, party privilege, and tribunal-confidential categories. He does not participate in disputes adverse to prior counsel or clients without informed waiver.
- What is the relationship between Tailored Mediation and Law & Forensics?
- Daniel founded and remains Executive Managing Partner of Law & Forensics LLC. Where a matter requires substantive forensic technical work beyond a single neutral’s scope, the firm’s engineering bench supports the engagement under the appointing tribunal’s protocols.
- Can Daniel sit on a panel adverse to JAMS?
- No. As a JAMS panelist Daniel does not accept neutral roles adverse to JAMS’s administration. He routinely accepts party-stipulated and court-appointed neutral roles in matters not administered by JAMS.
Question not answered?
Reach out directly.
For matter-specific questions — conflicts, scope, scheduling, fees — the case manager replies within one business day.