Erik Laykin is a managing director at Duff & Phelps.

Erik Laykin

Managing Director and Head of Global Data Risk

Erik Laykin is a managing director in the the Legal Management Consulting practice. He is also a member of the Forensic Technology and Analytics group. His practice is focused on high stakes eDiscovery, computer forensics and corporate investigations on behalf of law firms and corporations throughout the North America, Asia and Europe.

Based in Los Angeles, Erik is an internationally recognized authority on complex information technology disputes, which includes white collar and cyber crime, theft of trade secrets, privacy and data loss, internet, software, hardware systems failures, intellectual property disputes and other emerging challenges of the Information Age. As a result, Erik frequently provides expert witness testimony on behalf of litigants in federal and state courts.

Erik has frequently appeared on CNN, FOX, ABC, NBC, CBS as well as other media and is the author of “Investigative Computer Forensics” published by John Wiley & Sons. He is the Co-Chair of the American Bar Association’s Computer Forensics Expert Witness Sub-Committee and has participated on several advisory boards, including the California Judicial Council’s Subcommittee on Digital Evidence, The Electronic Commerce Council, The State of California’s Insurance Fraud Task Force and he is the past Pacific Rim Director of the FBI’s INFRAGARD program. Over the course of his career, Erik has trained and instructed thousands of corporate and government cyber investigators and eDiscovery professionals in the United States, Asia, Middle East and Europe.

Erik also serves as an expert witness, investigator, Special Master and independent eNeutral to Federal and State courts in cases involving information technology, electronic discovery and other complex disputes which arise from the usage of digital data, computers, software, networks and the Internet.

Prior to joining Duff & Phelps, Erik was the Chair of the Information Technology Investigations practice at Navigant Consulting, and in the mid 1990’s was the Founder and President of Online Security, Inc., a pioneer in the emerging discipline of high technology investigations, computer forensics and electronic discovery.

Representative Engagements

Expert Testimony

  • Plaintiff’s counsel engaged Mr. Laykin and his team to investigate the circumstances surrounding the departure of a key employee of an American defense contractor and heavy equipment manufacturer to a foreign competitor. As a result of Mr. Laykin’s computer forensic investigation an emergency TRO was granted against the defendant. Subsequent investigation, analysis and courtroom testimony by Mr. Laykin proved willful destruction of electronic data by the defendant and the theft of thousands of mission critical computer files from the employer. Plaintiff prevailed in court on all claims.
  • Joint defense counsel appointed Mr. Laykin eDiscovery expert, to develop a process for the management of the processing of millions of emails within a highly truncated court ordered timeframe and to opine on the feasibility of the plaintiff’s eDiscovery demands from a technical standpoint. As a result of Mr. Laykin’s analysis, testing and testimony the Court found for the defendants approach resulting in a savings of tens of millions of dollars and a swift settlement of the longstanding antitrust claims against several multinational corporations.
  • Counsel for defendants, a top pop entertainment band, engaged Mr. Laykin as a testifying expert witness to opine on the origin and authenticity of digital media presented by plaintiff whom had claimed to be the legitimate author of a Grammy award winning song; which was also the world’s most downloaded digital song in the history of Apple iTunes. As a result of Mr. Laykin’s analysis and testimony which contravened the testimony of two opposing forensic experts, it was established that the plaintiff’s claims were false and further that the destruction of evidence was prejudicial to the defendants. Subsequently, the Judge granted summary judgment in favor of the defendants and sanctioned the plaintiff for spoliation.

Intellectual Property

  • Appointed expert witness on behalf of defendant, a European based global Fortune 50 Company engaged in an intellectual property dispute with an American Fortune 100 company. The action rested on transactions and systems dating back to the mid 1990’s. As an expert in the matter Mr. Laykin directed the management and retrieval of archival data from multiple global systems and successfully testified as to the impact of the plaintiff’s actions and access to databases operated by the defendant.
  • On behalf of defendant and counter claimant: one of India’s largest online businesses, Mr. Laykin was appointed expert witness in a trademark infringement matter, valued at over 60 million dollars, which had lingered for several years. Through extensive discovery and pretrial investigations, Mr. Laykin and the electronic evidence team was able to establish substantial evidence favorable to the position of the defendant, thereby helping to induce positive early settlement.
  • Plaintiff’s counsel appointed Mr. Laykin to establish a basis for intellectual property violations based on the unfair usage of computer code. Mr. Laykin and his team examined thousands of pages of database and programming code from both plaintiff and defendant and provided a basis for the argument that the defendant had both infringed on plaintiffs intellectual property and was engaging in unfair competitive practices. As a result of Mr. Laykin’s testimony, defendant settled on terms favorable to the plaintiff.
Certifications
  • CHFI: Computer Hacking Forensic Investigator (EC Council)
  • CEDS: Certified Electronic Discovery Specialist (Association of Certified Electronic Discovery Specialists)
  • CFLC: Certified Forensic Litigation Consultant 
Education
  • Santa Monica College, Santa Monica, CA
  • JMG (Jewelry Management Graduate), Gemological Institute of America, Santa Monica CA
Other

Advisory and Board of Directors

  • X1 Discovery, Inc. An IdeaLab Company (Pasadena, CA)
  • iCloak, Inc. (Orlando, FL)
  • Forensic Expert Witness Association (Los Angeles)*
  • Dapict, Inc. (Los Angeles)
  • EC Council, Inc. (New York) 
  • Kornerstone, Ltd. (Hong Kong) 
  • Leadership for Life Academy (Shanghai)
  • Odessa Philharmonic Orchestra (Odessa)
  • American Music Ensemble of Vienna (Vienna)
  • N World Peace Bell Foundation (Hiroshima)
  • Los Angeles Master Chorale / Los Angeles Music Center (Los Angeles)
  • Chaine des Rotisseurs – Los Angeles Bailliage (Los Angeles)
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