David J. Freskos
- Managing Director
- T: +1 773 450 9670
- F: +1 312 759 8119
- 227 West Monroe Street
- Suite 900
- Chicago, IL, 60606
- United States
- T: +1 312 759 8100
- F: +1 312 759 8119
- B.S., Computer Information Systems & Operations Decision Technology, Indiana University
- M.S., Computer Information Systems, Indiana University
- EnCase Certified Examiner (EnCE)
- Cellebrite Certified Physical Analyst (CCPA)
- High Technology Crime Investigation Association (HTCIA)
- Antitrust Investigations
- Computer Forensics & Investigations
- Intellectual Property
- Emerging Markets
- Data & Analytics
David Freskos leads FTI Consulting's Technology’s Chicago based Digital Forensics & Investigations Practice. For the past 12 years, Mr. Freskos has provided expert digital forensic and e-discovery consulting services to legal teams in support of high stakes Intellectual Property (IP) theft investigations, Antitrust & Merger Investigations, litigations and all other types of matters. Additionally, Mr. Freskos specializes in the collection and in-depth analysis of data from mobile devices, social media and other ephemeral data sources.
Mr. Freskos has led and participated in numerous in-depth forensic investigations of computer hard drives belonging to persons of interest in litigation or internal corporate investigations. He specializes in advising clients dealing with the theft of intellectual property. He has submitted multiple affidavits and declarations supporting his findings in these matters.
Mr. Freskos also routinely leads data collection projects for FTI Consulting's clients. In this role, he works with attorneys and Information Technology professionals to identify, preserve, and collect electronic sources of information (ESI). Mr. Freskos consults on best practices for data collection and executes efficient and defensible processes to reduce data volumes during collection and subsequent data processing. Mr. Freskos has collected hundreds of forensic images from a multitude of electronic devices.
In helping corporations to collect ESI, Mr. Freskos developed a specialty in collecting data from mobile devices. His work in this area includes data acquisition from both Apple and Android based devices. He has successfully recovered data from phones that were intentionally erased by their owners. Mr. Freskos also advises clients on best practices for collecting mobile data from other locations, including the collection of data from backups on hard drives and cloud-based locations.
Mr. Freskos has also led the initiative at FTI Consulting to provide cloud-based data collection services from emerging data sources for FTI Consulting clients. His efforts have allowed FTI Consulting to preserve data from collaborative and social media sites such as Slack, Facebook, Teams, Instagram and Jira for investigations and e-discovery purposes. Mr. Freskos’ ability to identify and preserve ESI of this nature has produced highly relevant information for clients’ internal investigations.
Mr. Freskos earned a Master of Science degree in Computer Information Systems along with a Bachelor of Science in Computer Information Systems and Operations Decision Technology from Indiana University in Bloomington, IN. Mr. Freskos attended Guidance Software forensic training and earned a certification as an EnCase Certified Examiner (EnCE). In addition, Mr. Freskos has attended numerous post-graduate training courses in forensics, including mobile device forensics training. He has recently completed training with Cellebrite and became a Certified Physical analyst (CCPA), He is also a member of the High Technology Crime Investigation Association, Midwest Chapter.
Testimony, Expert Witness, Affidavit and Declaration Experience:
Springfield, Mo In Re Loren Patricia O'Reilly,: Provided expert testimony virtually regarding evidence from mobile devices and mobile applications (2020).
Miami, FL Claims Holding Group, LLC V AT&T;T Mobility, LLC.; Submitted an affidavit verifying the information and contents posted to a website (2020).
Austin, TX Intel Corporation v. Shahil Rais; Submitted a declaration verifying the contents of an expert report submitted on June 7th, 2019 related to evidence of theft of intellectual property (2019).
Chicago, IL Vendavo, Inc. v. Kim Long, Price F(x) AG, and Price F(x), Inc.; Submitted a declaration detailing the contents of external storage media and presence of alleged stolen intellectual property (2019).
Columbus, OH George Dix v. Atos IT Solutions & Services, Inc.; Submitted a declaration detailing access of explicit material on a company owned asset (2019).
Chicago, IL Vendavo, Inc. v. Kim Long, Price F(x) AG, and Price F(x), Inc.; Submitted a declaration detailing the methods for which the defendant had removed intellectual property including the use of external hard drives (2019).
Austin, TX Intel Corporation v. Shahil Rais; Submitted an export memo detailing actions taken to cover up digital evidence of intellectual property theft (2019).
Denver, CO Impact Fire Services, LLC v. Integrity Fire Safety Services, LLC, et al.; Submitted an expert report for an Intellectual Property theft matter detailing file and cloud storage access (2018).
Indianapolis, IN USIC LLC v. Consolidated Infrastructure Group Inc. et al; Submitted an affidavit confirming the accuracy of metadata provided in a document production (2018).
Denver, CO Tiffani Huckels v. Safeway Inc.; Submitted an expert report detailing the results of a deleted file analysis of one hard drive image (2018).
Chicago, IL Farkhandah Mirza v. Help at Home, Inc.; Submitted an expert report after review of the Defendant’s electronically stored information per agreed upon protocol (2018).
Miami, FL FTI, LLC, and FTI Consulting, Inc. v. Frank Holder, Angela Alzola and Berkeley Research Group, LLC.; Submitted a declaration for an employment dispute which summarized a custodian’s access to cloud-hosted email data (2018).
Rochester, NY Brown & Brown of New York, Inc. v. Nicholas Napolitano, Vincent Profetta, Anthony Lutrario and M&T Insurance Agency, Inc.; Served as a subject matter expert on digital forensics as it relates to Intellectual Property theft (2018).
Rochester, NY Brown & Brown of New York, Inc. v. Nicholas Napolitano, Vincent Profetta, Anthony Lutrario and M&T Insurance Agency, Inc.; Submitted an affidavit for an Intellectual Property theft matter. At issue was whether three defendants had taken company IP via various transfer methods including the use of removeable media (2018).
Salt Lake City, UT Ovivo USA, LLC. v. Kaveh Someah, Ryan Holbrook, Westech Engineering, Inc. and WTR Engineering, LLC.; Submitted a declaration for an Intellectual Property theft matter. At issue was whether designated files had been accessed from personal devices (2018).
Chicago, IL Farkhandah Mirza v. Help at Home, Inc.; Served as a subject matter expert on document collection and eDiscovery at a hearing in front of the Hon. Judge Andrea R. Wood (2017).
Minneapolis, MN CPI Card Group, Inc. v. John Dwyer, Multi Packaging Solutions, Inc., John Searfoss and Ken Glinert; Submitted a declaration for an Intellectual Property theft matter. At issue was whether the defendant had removed IP via various data transfer methods including web-based email accounts (2017).
Salt Lake City, UT Ovivo USA, LLC. v. Kaveh Someah, Ryan Holbrook, Westech Engineering, Inc. and WTR Engineering, LLC.; Submitted a declaration for an Intellectual Property theft matter. At issue was whether the defendant had removed IP via various data transfer methods including cloud-based storage accounts (2017).
Chicago, IL Abbvie Iinc. And Abbvie Bioresearch Center Inc. V Arnab DE; Submitted and affidavit for an Intellectual Property theft matter. At issue was whether the defendant had removed IP via removable USB drives (2016).
Washington, D.C. Certain Three-Dimensional Cinema Systems And Components thereof; Provided a witness statement and expert testimony regarding the authenticity of sent email messages (2015).
Alexandria, VA Masterimage 3D, Inc. & Masterimage 3D Asia, LLC v. RealD, Inc.; Submitted a declaration confirming emails in question were true and correct copies (2015).
Detroit, MI Global Fleet Sales, LLC R.M. Asia (HK) Limited, RMA Middle East FZE, RMA Automotive Co., LTD., and Kevin Robert Whitcraft v. Leonard James Delunas and Mohammad Dawoud (a/k/a “David”) Wahab; Submitted a declaration describing the proper actions and techniques to be taken when collecting email data (2015).
Chicago, IL United Airlines, Inc. v. James Mueller & Etihad Airways P.J.S.C; Submitted an affidavit for an Intellectual Property (IP) theft matter. At issue was whether the defendant had removed IP via removable USB drives (2014).
Minneapolis, MN Rasmussen, Inc. v. McDonald et al; Submitted an affidavit for an Intellectual Property (IP) theft matter. At issue was whether IP theft from Rasmussen, Inc. had occurred (2013).
Speaking Engagements and Publications:
Electronic Discovery Institute – Judicial Training Symposium; Spoke to members of the Federal Judicial Center on Social Media in E-Discovery (2019).
Intellectual Property Owners Association Webinar – Computer Forensics for IP Lawyers; Panelist on Webcast advising lawyers on best practices when carrying out a forensic investigation (2019).
Digital Forensics – What every Lawyer Needs to Know; Law Technology Today, Authors: David Freskos & Shannon Murphy (2018).
E-Lunch Webinar: Digital Forensics – What every Lawyer Needs to Know; Panelist on a Webcast detailing the benefits and best practices when leveraging forensic investigators (2018).
How to Protect Corporate Data from Loss or Theft by Employees; Law Technology Today, Authors: David Freskos, Shannon Murphy (2017)
Policies & Procedures for Keeping Employee Data Inside the Organization, Not Out; Panelist on Webcast detailing best practices for securing sensitive data when employees leave an organization (2017).
Five Tips for Managing Social Media and E-Discovery Collections.; KMWorld, Authors: Dan Roffman, David Freskos (2013).
Social Media and E-Discovery or: How I Learned to Stop Worrying and Love Digital Ephemera; Panelist on Webcast detailing the tools and tricks to preserving social media data as it relates to E-Discovery (2013)