Daniel B. Garrie, Esq.
Mediator, arbitrator, and court-appointed Special Master for data-breach and cyber-incident disputes.
Daniel B. Garrie is a Neutral, Arbitrator and Special Master at JAMS, and the Founder and Managing Partner of Law & Forensics LLC. He has spent more than two decades at the intersection of law, digital forensics and cybersecurity — a combination that is unusual on its own and rare in a neutral.
He holds a J.D. from Rutgers School of Law and both a B.A. and an M.A. in Computer Science from Brandeis University. He is admitted in New York and Washington and is a member of the Bar of the Supreme Court of the United States. He served as eDiscovery Special Master in In re: Facebook, Inc. Consumer Privacy User Profile Litigation, teaches at Harvard Extension School, and has authored six books and more than 300 articles.
Why the forensics matter in a neutral
Cyber disputes stall for a reason that is particular to them. Each side has built its position on a technical record neither side has fully tested — logs, timelines, attribution, the true scope of compromise — and both accounts are internally coherent without ever meeting. Counsel then argue value as though the facts underneath were settled.
A position asserted with great confidence and a position supported by the artifacts look identical from the outside. A neutral who cannot tell them apart ends up splitting the difference between them. Reading the record directly changes what a caucus can do: it becomes possible to test a restoration timeline against what the systems actually show, to ask what an attribution claim rests on, and to name the one factual question the valuation gap depends on.
That is not adjudication. Nothing said in caucus binds anyone. It is a way of making each party’s own evaluation more accurate — which is what moves a number.
How matters are handled
Sessions proceed under Federal Rule of Evidence 408 and the parties’ confidentiality agreement. Candour shared in caucus is not admissible and does not become ammunition in the underlying case.
Chambers, counsel, carriers and claims professionals are all welcome to inquire. A conflicts check and a confidential scoping call come first, without obligation — which is why the intake form asks for the caption, the parties and the forum before anything else.