Question 1

What is a technical special master?

Accepted Answer

A technical special master is a neutral, appointed under Rule 53 of the Federal Rules of Civil Procedure or an analogous state authority, to address matters the court cannot effectively reach unaided — questions that are not legal in character but technical, and often voluminous. The appointment serves the bench, not the parties. The master examines the technical record, manages disputes that would otherwise consume the docket, and renders findings and recommendations within the precise scope the appointing order defines. The court retains full authority to adopt, modify, or reject any report.

Question 2

When should a court appoint a technical special master?

Accepted Answer

A court should consider an appointment when: the dispute requires inspection of source code, proprietary systems, or large data productions under protective order; discovery has stalled over technical scope, search methodology, preservation, or claimed inaccessibility; the parties' experts present irreconcilable technical accounts the court must reconcile to proceed; or sensitive material requires a neutral to review and report without exposing trade secrets to adversaries.

Question 3

What technical domains does Daniel B. Garrie cover as a special master?

Accepted Answer

Daniel B. Garrie serves as technical special master across four core domains: (1) Source Code Review — neutral examination of disputed code in copyright, trade-secret, and patent matters; (2) E-Discovery Disputes — supervision of preservation, collection, search methodology, and proportionality; (3) Cybersecurity & Data Forensics — independent reconstruction of intrusions, data exfiltration, and spoliation; and (4) AI Systems & Algorithmic Disputes — examination of machine-learning systems, training data, model behavior, and automated decision-making.

Question 4

How does a technical special master appointment work?

Accepted Answer

An appointment follows four steps: (1) Conflicts & Engagement — a conflicts check confirms neutrality and counsel and the court align on scope; (2) Order of Appointment — the court enters an order under Rule 53 fixing duties, authority, the materials to be reviewed, communication protocol, and compensation; (3) Examination & Hearings — the master reviews the technical record under protective order, convenes the parties as needed, and develops findings of fact; (4) Report & Recommendations — a written report sets out findings and recommendations, the parties may object, and the court reviews de novo or as the order provides.

Question 5

What is the difference between a special master, a discovery referee, and a forensic neutral?

Accepted Answer

'Special master' is the broadest and most formal term — a neutral appointed by the court whose authority flows from Rule 53 or an analogous state rule. 'Discovery referee' describes a special master whose mandate is focused on discovery disputes (custodians, search terms, proportionality, privilege). 'Forensic neutral' describes the work rather than the source of authority — a neutral engaged to examine technical evidence impartially such as imaging devices, reconstructing intrusions, or reviewing source code. A single neutral can serve all three roles in one matter.

Question 6

What courts has Daniel B. Garrie appeared before?

Accepted Answer

Daniel B. Garrie has been appointed by and appeared before the Los Angeles County Superior Court, the New York Supreme Court, the Delaware Supreme Court, and the United States Courts of Appeals for the Second, Third, and Seventh Circuits — across more than one hundred court-appointed and expert-witness engagements.

Question 7

What was Daniel B. Garrie's most notable special master appointment?

Accepted Answer

Daniel B. Garrie was appointed by the Honorable Vince Chhabria of the United States District Court for the Northern District of California as eDiscovery Special Master in In re Facebook, Inc. Consumer Privacy User Profile Litigation. He issued dozens of orders resolving complex disputes over the production of data from one of the world's largest data processors, and oversaw dozens of technical depositions concerning cloud architecture and distributed systems.

Question 8

How do I engage or request a conflicts check?

Accepted Answer

Conflicts checks, availability, and proposed terms of reference are handled discreetly and without obligation. Chambers and counsel are welcome to inquire by email at info@lawandforensics.com or by phone at +1-855-529-2466.

Question 9

What should a technical special master appointment order include?

Accepted Answer

A well-drafted appointment order should include: the precise technical questions referred with legal questions reserved to the court; the materials, systems, and data the master may examine and any express limits; the master's procedural powers (deadlines, submissions, hearings, production format); integration with the protective order and the environment for reviewing sensitive material; the communication protocol including ex parte contact; the standard of review and objection deadline and procedure; compensation terms including rate, allocation among parties, and billing cadence; and recordkeeping and disposition of work product at close of the engagement.

Model orders for appointing a technical neutral.

Model Order Appointing a Special Master for E-Discovery Disputes

Model Order Appointing a Special Master for Source-Code Inspection

Model Order Appointing a Neutral Forensic Examiner

Need the order tailored to your matter?