Atlantic Data Forensics Provides Analysis, Expert Report in Victorious Taylor Swift Groping Lawsuit

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"At Atlantic, we often recover data from devices in far worse shape [than what former radio D.J. David Mueller described]. Mobile devices shattered in high-speed car accidents, cell phones covered in battery acid, laptops and desktops completely submerged in muddy floodwater for over a week — you name it," says Jason Briody, Director of Forensic Services at Atlantic Data Forensics.

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Atlantic Data Forensics, Inc.

Data recovery from damaged devices isn’t the exception. It’s the rule.

As the Taylor Swift trial concludes, Atlantic Data Forensics, Inc. is proud to have been retained to provide digital forensic analysis, reporting, and expert testimony by counsel for the Defense (Ms. Taylor Swift et al.). (Case information: Mueller v. Swift et al.; Civil Action No. 15-cv-1974-WJM-KLM; U.S. District Court, Denver)

Former radio D.J. David Mueller sued Ms. Swift et al. after an alleged groping incident of Ms. Swift in 2013 led to Mr. Mueller’s firing from the radio station for which he worked. Ms. Swift countersued Mr. Mueller for assault and battery.

As the named digital forensic expert in this case, Jason T. Briody, Director of Forensic Services at Atlantic Data Forensics, submitted an expert report detailing the recoverability of data from certain digital devices on which Mr. Mueller reported he stored case-relevant information, including a full-length recording of a business meeting immediately following the alleged groping incident. In his deposition taken for this matter, Mr. Mueller describes in detail how each of his devices was allegedly damaged and discarded, and how the highly relevant recording was lost and not produced as evidence.

“Each of the situations Mr. Mueller describes — water spilled onto a computer, an old and non-working external drive, a discarded cell phone, coffee in a laptop keyboard, a dropped iPad — we’ve personally dealt with all of them, and in nearly every case, the outcome is the same: successful data recovery,” says Mr. Briody. “At Atlantic, we often recover data from devices in far worse shape. Mobile devices shattered in high-speed car accidents, cell phones covered in battery acid, laptops and desktops completely submerged in muddy floodwater for over a week — you name it."

"Data recovery from damaged devices isn’t the exception," Mr. Briody adds. "It’s the rule.”

For this matter, Atlantic prepared an expert report detailing their professional experience, technical knowledge, and expert opinions on the subject, and found that “given and despite the damage and deficiencies described by Mr. Mueller…there is a high likelihood that all of the data stored on each of these devices was still fully recoverable at the time Mr. Mueller disposed of or voluntarily and permanently surrendered each device.” (Expert Report of Jason T. Briody; Exhibit 12 to Defendants’ Motion for Sanctions for Plaintiff’s Spoliation of Evidence and Memorandum in Support, Document 139, Filed 06/01/17)

Atlantic’s report was submitted to the Court as an exhibit to Defendants’ Motion for Sanctions for Plaintiff’s Spoliation of Evidence. In response to Defendants’ motion, U.S. District Judge William J. Martinez sanctioned Mr. Mueller for his destruction of evidence.

Atlantic Data Forensics was in Denver for the highly-publicized trial this past week, prepared to provide digital forensic expert testimony if called. No expert testimony was required, however; following a rule 50 hearing, Judge Martinez found that Ms. Taylor Swift had not acted improperly, and dismissed Mr. Mueller’s claims against Ms. Swift. And as of Monday, August 14th, the eight-person Colorado jury ruled in favor of the remaining Defendants (Ms. Swift’s mother and manager) in Mr. Mueller’s original lawsuit, and also ruled in favor of Ms. Swift in her assault and battery countersuit against Mr. Mueller.

“We’re excited to have provided forensic analysis and expert reporting, and to have prepared expert testimony for this high-profile case,” Mr. Briody stated. “We handle all cases confidentially and sensitively. Only now that our involvement in this case is a matter of public record, and we’ve been mentioned by name in multiple news outlets reporting on it, are we even noting our participation in this important legal process. But behind the scenes in this and all of our cases, we’re so proud to be assisting people and organizations every day in the pursuit of justice.”

About Atlantic Data Forensics, Inc.

Atlantic Data Forensics, Inc. (Atlantic) is a Maryland-based consultancy with satellite offices in Michigan and Colorado. Atlantic provides Digital Forensic, E-Discovery, Cybercrime Response, and Expert Witness services to commercial, research, and government clients.

Featuring experts who have responded to PCI and HIPAA data breaches; trained hundreds of FBI Special Agents in computer crime investigations; lead the electronic side of raids with the U.S. Marshals service; investigated scientific research misconduct, employment disputes, and intellectual property theft; and testified as experts retained by both the prosecution and defense on homicides and more, Atlantic is a true leader in the field.

To learn more about Atlantic Data Forensics, please speak with one of our experts at (410) 540-9000, or email us at experts(at)atlanticdf.com

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Jason Briody
@atlanticdf
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