Donald Wochna, Esq.

Certified Digital Forensic Expert | Attorney | Expert Witness | Federal and State Rule 702 expert|Data Privacy Specialist
National Practice, United States.

About

Highly accomplished attorney with 41 years of legal practice, uniquely certified as a Computer/Cell Phone Forensic Expert (CCFE, CMFE) and seasoned litigator. Specializes in computer forensics, mobile device forensics, e-discovery, cybersecurity, and data privacy, serving as a consulting and testifying expert witness. Leverages deep expertise in investigative frameworks and electronic evidence integration to translate complex technological and legal concepts for diverse audiences, empowering clients to effectively address emerging data and electronic device challenges.

Work

THE LAW FIRM OF DONALD WOCHNA, LLC
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Electronic Evidence, Computer, and Cell Phone Forensic Expert

Columbus-Cleveland, OH, US

Summary

Accepts forensic expert engagements for criminal defense and civil litigation, providing critical and practical insights on electronic evidence in federal and state matters. Increased focus upon federal and state evidence rules 702 and 703 in light of Federal Evidence Rule 702 amendment by United States Supreme Court in December, 2023. Constructs valid and reliable opinion testimony based upon the application of digital forensic science, methodologies, and tools. Identifies deficiencies in party opponent's reliability validation.

Highlights

Serve as electronic evidence, computer, and cell phone forensic expert for criminal defense and civil litigation, handling federal and state matters.

Advise Trial Counsel on complex electronic evidence, evaluating the reliability and validation of forensic analyses and opinions based upon digital forensic methodologies and tools used by other parties.

Formulate strategic and tactical approaches for leveraging the capabilities of digital forensic tools while explainihng electronic evidence and digital artifacts effectively in court proceedings.

Provide expert testimony and reports in high-stakes cases, contributing to informed legal strategies and favorable outcomes.

E-DATA LAW GROUP LLC
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Owner & Marketing Strategist

Cleveland-Akron, OH, US

Summary

Co-founded and directs a marketing company focused on delivering advanced forensic and non-forensic privacy and cyber solutions through strategic channel partnerships.

Highlights

Co-founded and co-owned a marketing company, successfully promoting forensic and non-forensic solutions from Digital Safety Group LLC.

Established and managed a network of Channel Partners, including legal firms and private investigation agencies, for solution delivery.

Developed and implemented strategic marketing initiatives for specialized privacy and cyber solutions, enhancing market reach and client acquisition.

Delivered comprehensive "Smarter Privacy" forensic and non-forensic solutions, addressing complex privacy and cybersecurity challenges for diverse clients.

International Association of Privacy Professionals (IAPP)
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Co-Chair, KnowledgeNet, Cleveland Chapter

Cleveland, OH, US

Summary

Led educational initiatives and provided expert consultation on privacy legislation and technology integration for legal professionals.

Highlights

Co-chaired the Cleveland Chapter of KnowledgeNet, IAPP, enhancing professional development for privacy professionals.

Developed and delivered educational seminars on state and federal privacy legislation, impacting legal practices.

Consulted attorneys on advanced technological strategies, including RFID deployment, for corporate cybersecurity and data privacy.

Advised on balancing technological surveillance with privacy expectations, shaping best practices in corporate environments.

Vestige LLC
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Chief Legal Officer, Expert Witness, Author

Cleveland, OH, US

Summary

Co-founded one of the first digital forensic companies in the US, establishing legal protocols and training experts to deliver advanced electronic evidence solutions.

Highlights

Co-founded one of the pioneering digital forensic companies in the United States, establishing a market presence in a nascent industry.

Developed and implemented comprehensive legal protocols for digital forensic experts, ensuring defensible and admissible electronic evidence.

Trained and mentored computer forensic personnel in designing, executing, and defending advanced solutions for evidence identification, extraction, preservation, and analysis.

Managed complex electronic evidence matters across investigations, regulatory compliance, civil litigation, and criminal cases, leading to the successful sale of the company to IT business partners in 2013.

Computer Investigation & Evidence, Inc.
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Chief Operating Officer

Cleveland, OH, US

Summary

Founded and directed a forensic investigation firm, securing key software licenses and developing rigorous protocols for electronic media analysis and evidence admissibility.

Highlights

Established Computer Investigation & Evidence, Inc., pioneering forensic analysis services for electronic media.

Negotiated and secured a critical license from Guidance Software for Encase, a leading law enforcement forensic software.

Developed and implemented comprehensive search protocols for CI&E personnel, integrating legal requirements with electronic evidence characteristics.

Established robust testing protocols for forensic tools, ensuring compliance with Daubert requirements for expert testimony.

Lien Priority Insurance Agency
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Chief Operations Officer

Cleveland, OH, US

Summary

Spearheaded the creation and operational management of a specialized financial service product, developing an expert system and establishing market channels.

Highlights

Developed and launched "Lien Priority Insurance," a novel financial service product underwritten by Great American Insurance Companies.

Programmed an expert system using Borland's dBase to automate processing, tracking, underwriting, and servicing of LPI products.

Established and expanded electronic distribution channels to a diverse user base, including lenders, attorneys, and lessors.

Created and executed marketing and distribution strategies across insurance and legal sectors, significantly increasing product reach and client acquisition.

Provided essential legal services support and updated processing software to comply with evolving Article 9 regulations, filing office procedures, and judicial decisions.

Baker & Hostetler
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Partner, Attorney-at-Law

Cleveland, OH, US

Summary

Served as a Partner in Commercial Law and Bankruptcy, managing complex legal matters, developing innovative insurance programs, and contributing to legal scholarship.

Highlights

Managed a diverse portfolio of commercial law and bankruptcy cases, ensuring proper, timely, and cost-effective resolution of workouts, bankruptcies, and litigation.

Authored numerous articles on work-out strategies, fraudulent transfers, and bankruptcy law, contributing to legal thought leadership.

Designed and implemented a national pharmacy mis-fill insurance program, featuring self-insured retainage and multi-layered reinsurance.

Drafted complex ceding treaties, structured risk allocation strategies, and negotiated premiums and "drop-down" insurance obligations.

Thompson, Hine & Flory
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Associate, Attorney-at-Law

Cleveland, OH, US

Summary

Managed bankruptcy and workout cases across state and federal jurisdictions, providing essential legal counsel.

Highlights

Handled a broad range of bankruptcy and workout matters, representing clients in both state and federal courts.

Conducted legal research, drafted pleadings, and prepared for court appearances, ensuring compliance with legal standards.

Collaborated with senior attorneys on complex cases, contributing to strategic decision-making and client representation.

Education

University of Chicago
Chicago, Illinois, United States of America

Juris Doctorate

Law

California State University
Unknown, California, United States of America

Bachelor of Science

Political Science, Criminal Justice

Courses

Speech Communication (Minor)

USN Naval Nuclear Power Training School
Schenectady, NY, United States of America

Training Program

Nuclear Power Operations

Awards

Outstanding Faculty

Awarded By

National Business Institute (NBI)

Recognized for exceptional contributions as a faculty member, demonstrating expertise and engaging presentation skills in legal education seminars.

Testimony on Federal Rules of Civil Procedure Amendments

Awarded By

Federal Judiciary (Inferred)

Provided expert testimony at a public hearing regarding proposed amendments to the Federal Rules of Civil Procedure concerning electronically stored information, influencing national legal standards.

Publications and Presentation Materials

Level the Playing Field—use of Computer Forensics in civil cases by small firms and solo practitioners to extract evidence

Published by

Tri-C Community College, Corporate College Campus

Summary

Demonstrated how computer forensics can empower small firms and solo practitioners to effectively extract and utilize evidence in civil cases.

The Computer As Storage Device for Evidence—Why the “File Cabinet” or “Library” analogy leads to bad advice and bad law

Published by

Ohio State CLE Institute, “Computers and the Law: What you Don't Know Can Hurt You"

Summary

Critiqued the "file cabinet" analogy for computer evidence, arguing it leads to flawed legal interpretations and practices in forensic investigations.

Forensic Analysis of Computers—Access, Preservation, Analysis, Extraction, and Presentation of Evidence

Published by

Ohio State CLE Institute, “Computers and the Law: What you Don't Know Can Hurt You”

Summary

Provided a comprehensive overview of the methodologies for accessing, preserving, analyzing, extracting, and presenting computer forensic evidence in legal contexts.

Legal Issues and Challenges to Attorney and Client Strategies To Control the Creation, Extraction, and Use of Information Intentionally or Unknowingly written and Stored in Computer Systems

Published by

Ohio State CLE Institute, “Beyond Fingerprints"

Summary

Explored legal complexities and strategic challenges for attorneys and clients regarding information control in computer systems, covering incident response, forensic audits, and data retention.

Introducing Computer Forensic Files as Evidence in Civil Actions

Published by

Akron Bar Association's Law Expo

Summary

Discussed the application of law enforcement software to create and utilize forensic computer files effectively in civil litigation cases.

Certificates

Certified Computer Forensic Examiner (CCFE)

Issued By

Information Assurance Certification Review Board (IACRB)

Certified Mobile Device Forensic Examiner (CMFE)

Issued By

Information Assurance Certification Review Board (IACRB)

Skills

Legal Practice & Litigation

Litigation, Commercial Law, Bankruptcy Law, Federal Rules of Evidence, Civil Procedure, Criminal Defense, Family Law, Contract Law, Legal Research, Regulatory Compliance, Data Privacy Legislation, Cybersecurity Law, E-Discovery Law, Trial Counsel Support.

Digital Forensics & Electronic Evidence

Computer Forensics, Mobile Device Forensics, Electronic Evidence Analysis, Digital Artifacts, Data Extraction, Data Preservation, Forensic Imaging, Incident Response, Open Source Intelligence (OSINT), Cell Phone Location Techniques, Metadata Analysis, GPS Data Analysis, Cloud Data Forensics, Network Forensics, Cellebrite Universal Forensic Extraction, Encase.

Expert Witness Services

Expert Witness Testimony, Expert Report Preparation, Direct Testimony Crafting, Cross-Examination Preparation, Daubert Requirements, Evidence Authentication, Validation of Evidence, Scientific Evidence Admissibility.

Cybersecurity & Data Privacy

Cybersecurity, Data Privacy, Information Security, Digital Safety, Data Breach Response, Risk Allocation, Privacy Legislation, RFID Technology, Corporate Cybersecurity.

Business & Operations Management

Company Foundation, Strategic Planning, Business Development, Channel Partner Management, Marketing & Distribution, Product Development, Software Development (conceptual), Process Optimization, Legal Protocol Development, Training & Mentorship, Client Consultation, Project Management.

Technical Tools & Methodologies

Borland dBase, Microsoft Exchange Outlook, WebWatcher, Social Network Analysis, Semantic Analysis, Data Analytics, AI Generated Content Analysis, Database Management, System Programming.

Testimony and Consultation

State v. Jacob McDonald (2024 CR_494)

Summary

Assisted criminal defense attorney in a federal and state matter involving electronic evidence from AT&T records, Electronic Log Devices, and video analysis in a multi-vehicle collision resulting in several deaths.

State v. Paul Mauney (2024, Case Number Pending)

Summary

Assisted criminal defense attorney in understanding digital evidence in a child pornography case, involving KIK application data and IP address validation.

Veritas Administrators LLC vs. Nowak (Case No. 1:22-CV-337)

Summary

Supported civil plaintiffs in identifying digital evidence of trade secret theft and exfiltration of confidential business information by a former employee.

Microsoft Corporation vs. World Tech Investments LLC and Konstantin Verni (18 CV 02915)

Summary

Consulted attorneys on copyright infringement allegations related to "de-bundled" Microsoft Product Keys.