Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1081394
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`ESTTA Tracking number:
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`Filing date:
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`09/11/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91242798
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`Party
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`Correspondence
`Address
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`Defendant
`Spiral Direct Ltd.
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`KEVIN W WIMBERLY
`BEUSSE WOLTER SANKS & MAIRE PLLC
`390 NORTH ORANGE AVENUE SUITE 2500
`ORLANDO, FL 32801
`UNITED STATES
`Primary Email: kwimberly@bwsmiplaw.com
`Secondary Email(s): adavis@bwsmiplaw.com, rwolter@bwsmiplaw.com,
`mcross@bwsmiplaw.com
`407-926-7713
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant's Notice of Taking Testimony
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`Amber N. Davis
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`adavis@savvyIPLaw.com, kwimberly@savvyIPLaw.com, bma-
`han@savvyIPLaw.com
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`/s/ Amber N. Davis
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`09/11/2020
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`Notice of Filing Testimony Affidavit R Connor 091120.pdf(17213 bytes )
`Testimony Declaration of Richard Connor w Exs 091120.pdf(1595844 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`__________________________________________
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`BASIC SPORTS APPAREL, INC.
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`Opposer,
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`SPIRAL DIRECT, LTD.
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`Applicant,
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`__________________________________________ )
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`Opposition No.: 91242798
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`APPLICANT, SPIRAL DIRECT, LTD.’S NOTICE OF FILING TESTIMONY
`AFFIDAVIT OF EXPERT WITNESS RICHARD D. CONNOR, JR.
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`Applicant, SPIRAL DIRECT, LTD, by and through its undersigned attorneys and in
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`accordance with TBMP § 703.01(b), hereby submits this Notice of Filing Testimony Affidavit of
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`Expert Witness Richard D. Connor, Jr.to make of record in the above captioned matter.
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`Dated this 11th day of September 2020.
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`Respectfully submitted,
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`WOLTER VAN DYKE DAVIS MAIRE, PLLC
`390 N. Orange Avenue, Suite 2500
`Orlando, FL 32801
`Telephone:
`(407) 926-7700
`Facsimile:
`(407) 926-7720
`Email: adavis@savvyIPLaw.com
`Email: rwolter@savvyIPLaw.com
`Email: kwimberly@savvyIPLaw.com
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`/s/ Amber N. Davis
`Amber N. Davis
`Florida Bar No.: 0026628
`Robert L. Wolter
`Florida Bar No.: 0906344
`Kevin W. Wimberly
`Florida Bar No.: 0057977
`Attorneys for Applicant, Spiral Direct. Ltd.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a copy of the foregoing was emailed to Robert Varkonyi of
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`Zagrebelsky Law, P.A., 2203 N. West Shore Blvd., Tampa, FL 33607 at rjv@zagrebelskylaw.com
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`this 11th day of September, 2020 and was also electronically transmitted to: Trademark Trial and
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`Appeal Board, Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22323-1451.
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`__/s/ Amber N. Davis __
`Attorney
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`__________________________________________
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`Basic Sports Apparel, Inc.,
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`Opposer,
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` ) Opposition No. 91242798
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`and
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`Spiral Direct, Ltd. )
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` Applicant.
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`__________________________________________ )
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`TESTIMONY DECLARATION OF EXPERT WITNESS RICHARD D. CONNOR, JR.
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`I, Richard D. Connor, Jr., declare that I have been designated as an expert witness in the
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`above-captioned proceeding by Applicant Spiral Direct, Ltd. (“Applicant” or “Spiral Direct”). I
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`am making this declaration in support of Applicant’s trial testimony in this matter. The facts
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`contained in this declaration and the accompanying report are based on my personal knowledge,
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`and if called upon as a witness, I could and would competently testify thereto.
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`1.
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`In or around May of 2019, I was retained by Applicant Spiral Direct to serve as an
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`expert witness in this matter. As part of my duties as expert witness, I prepared an Expert Witness
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`Report titled “ESI Consulting Report re Spiral Direct” (the “Expert Report”).
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`2.
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`The Expert Report was dated October 16, 2019 and included my opinion regarding
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`a Microsoft Access database, which is relevant to the issue of when sales were made by Applicant
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`into the United States.
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`3.
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`The Expert Report included Exhibits A and B, which were native Excel spreadsheet
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`files that I examined.
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`4.
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`On October 28, 2019, I understand that my Expert Report and exhibits, along with
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`Applicant’s Disclosure of me and my report, were served on Opposer in this case. True and correct
`1
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`Page 1
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`copies of my Expert Report and exhibits, along with proof of service, are attached hereto as Exhibit
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`“A.”
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`5.
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`At no time since Applicant served my Expert Report was I asked to sit for a
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`deposition by Opposer to discuss my Expert Report or any other matter.
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`6.
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`On March 12, 2020 I understand that Applicant filed and served its Notice of
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`Making Required Expert Disclosure (53 TTABVUE) which also referenced my Expert Report and
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`service of same.
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`7.
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`8.
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`On April 21, 2020 I signed the Affidavit of Richard D. Connor, Jr. (the “Affidavit”).
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`The Affidavit contains substantially the same analysis of the Microsoft Access
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`database addressed in the Expert Report, and it also included additional analysis of two “.eps” files
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`to determine the date those files were created and last modified.
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`9.
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`Attached as Exhibit “B” hereto is a true and correct copy of my April 21, 2020
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`Affidavit, along with Exhibits 1-6.
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`10.
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`As explained in my Affidavit, it is my opinion that the two “.eps” files were last
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`modified on, and therefore were created on or prior to, April 10, 1995.
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`11.
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`To the best of my knowledge, all of the facts and opinions stated in the Expert
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`Report and Affidavit, and all of the accompanying exhibits, were true and correct and the time I
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`prepared the Expert Report and Affidavit and remain true to this date.
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`12.
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`Pursuant to TBMP § 401.03, I reserve the right to supplement the Expert Report
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`and Affidavit as additional facts become available, or to serve rebuttal reports and/or disclosures
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`where necessary.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct to the best of my knowledge.
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`________________________________
`Richard D. Connor, Jr.
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`Dated September 11, 2020.
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`Respectfully submitted,
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`WOLTER VAN DYKE DAVIS, PLLC
`390 N. Orange Ave., Suite 2500
`Orlando, FL 32801
`Phone: (407) 926-7713
`Email: adavis@savvyIPLaw.com
`Email: kwimberly@savvyIPLaw.com
`Email: agyebi@savvyIPLaw.com
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`By:
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`/s/ Amber N. Davis
`Amber N. Davis, Esq.
`Florida Bar No. 0026628
`Kevin W. Wimberly, Esq.
`Florida Bar No. 0057977
`Amaris C. Gyebi, Esq.
`Florida Bar No.: 101936
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`CERTIFICATE OF SERVICE
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`I HERBY CERTIFY that a copy of the foregoing Testimony Declaration of Expert Witness
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`Richard D. Connor, Jr. was emailed to: Robert Varkonyi of Zagrebelsky Law, P.A., 2203 N. West
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`Shore Blvd., Tampa, FL 33607 at rjv@zagrebelskylaw.com this 11th day of September, 2020 and
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`was also electronically transmitted to: Trademark Trial and Appeal Board, Commissioner for
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`Trademarks, P.O. Box 1451, Alexandria, VA 22323-1451.
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`By:
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` /s/ Amber N. Davis
`Attorney
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`3
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`Page 3
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`EXHIBIT “A”
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`EXHIBIT “A”
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`Page 4
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`___________________________________________
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`)
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`Basic Sports Apparel, Inc.
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` ) Opposition No. 91242798
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`Opposer,
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`Spiral Direct, Ltd. )
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` Applicant.
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`__________________________________________ )
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`APPLICANT’S EXPERT DISCLOSURES
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`Applicant Spiral Direct, Ltd. (hereinafter “Applicant” or “SPIRAL DIRECT”)
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`submits the following Expert Disclosures as required under Fed. R. Civ. P. 26(a)(2) and
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`37 C.F.R. § 2.120(a)(2). At the present time Spiral Direct reasonably expects to offer the
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`expert testimony of Richard D. Connor, Jr., Esq., as a computer and digital forensics
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`expert.
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`Richard D. Connor, Jr., Esq., will provide testimony concerning the validity of
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`data received from a Microsoft Access database named “DirectNewBkUp011026-
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`Ord+CustPre981027.bdb” received May 16, 2019, from Spiral Direct and the fact that the
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`data shows that Spiral Direct had a total of 23 sales into the United States prior to
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`November 30, 1997.
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`Spiral Direct reserves the right to amend or supplement these disclosures based on
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`its continuing investigations and discovery and in rebuttal any evidence or testimony
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`proffered by Basic Sports Apparel, Inc.
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`Dated this 28th day of October, 2019.
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`_/Amber N. Davis/_____________
`Amber N. Davis, Esq.
`Florida Bar No. 0026628
`Kevin W. Wimberly, Esq.
`Florida Bar No.: 0057977
`Beusse Wolter Sanks
` & Maire, PLLC
`390 North Orange Ave.,
`Suite 2500
`Orlando, Florida 32801
`Phone: (407) 926-7700
`Fax: (407) 926-7720
`Email: adavis@bwsmiplaw.com.
`Email: kwimberly@bwsmiplaw.com
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing Applicant’s Expert Disclosures was
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`served by email to Robert Varkonyi of Zagrebelsky Law, P.A., 2202 N. West Shore
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`Blvd., Tampa, Florida 33607 at rjv@zagrebelskylaw.com this 28th day of October, 2019.
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`__/Amber N. Davis/_____________
`Amber N. Davis
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`Page 6
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`ESI CONSULTING
`DIGITAL FORENSIC SERVICES
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`Richard D. Connor, Jr., Esq.
`AccessData Certified Examiner
`Certified Computer Examiner
`Certified Forensic Computer Examiner
`Digital Forensic Certified Practitioner
`EnCase Certified Examiner
`IACIS Certified Mobile Device Examiner
`
`October 16, 2019
`
`Amber N. Davis, Esq.
`Beusse Wolter Sanks & Maire, PLLC
`390 N. Orange Ave., Suite 2500
`Orlando, FL 32801
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`Re:
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`Spiral Direct
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`This is my Report in this matter.
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`1.
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`Statement of Opinions and Basis and Reasons
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`Spiral Direct had 124 orders and sales to customers in the United States prior to January 1, 2000. The
`basis for this opinion is an Access database last modified no later than 2001.
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`I received a Microsoft Access database on May 16, 2019, from Spiral Direct. The file is named
`“DirectNewBkUp011026-Ord+CustPre981027.mdb”.
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`The Access database contains several tables, including cust, orders, orderdetails, and products.
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`The cust table lists Spiral Direct’s customers. This table has a created date of June 24, 1998, and a
`last modified date of October 29, 2001. There are 2650 customers in this table. The data for each
`customer includes a customer account code, name, address, country, phone number, and other
`information. The customer account code field includes an identification of the country in which the
`customer resides. The code for customers in the United States is USA. There are 832 customers in
`this table with addresses in the United States.
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`The orders table lists orders received and processed by Spiral Direct. This table has a created date
`of June 28, 2001, and a modified date of June 28, 2001. There are 2539 orders in this table. The data
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`965 S ORLANDO AVE, WINTER PARK, FL 32789
`407-740-7163 — 407-740-5805 (FAX)
`WWW.ESICONSULTINGFL.COM — RICHARD@ESICONSULTINGFL.COM
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`Page 7
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`

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`Amber N. Davis, Esq.
`Re: Spiral Direct
`October 16, 2019
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`Page 2 of 3
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`for each order includes an order number, order date, account code, customer name, order status, total
`money, payment method, date sent, and other data. The account code is the same as the customer
`account code in the cust table, and may be used to link specific orders to specific customers.
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`The orderdetails table lists details of each order. There are 5901 entries in this table. This is more
`than the number of orders in the orders table because some orders contained multiple items, and each
`item from that order is listed independently in the orderdetails table. This table has a created date of
`June 28, 2001 and a modified date of June 28, 2001. The data includes the order number, the stock
`code of the item ordered, and other data. The order number may be used to link to the orders table.
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`The products table lists the products ordered. This table has a created date of August 3, 1999, and
`a modified date of November 27, 2000. The data in this table includes the stock code of the product,
`a description of the product, product type, and price. The stock code is the same as the stock code
`in the orderdetails table, and may be used to link the two tables.
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`I filtered the orders table for account codes beginning with “USA” which denoted sales to customers
`in the United States. I then filtered for orders prior to January 1, 2000. There are 124 orders to United
`States customers prior to January 1, 2000. The earliest such order was January 8, 1996. I copied these
`orders into an Excel spreadsheet.
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`I then linked the orderdetails table to the orders table via the order number for each of the 124 orders
`to United States customers prior to January 1, 2000. I added data from the oderdetails table to the
`spreadsheet.
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`I then linked the products table to the data via the stock code in the orderdetails table and the
`products table, and added data from the products table to the spreadsheet.
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`I then linked the account code from the orders table to the customers account code in the cust table,
`and added the customer’s address data into the spreadsheet.
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`The spreadsheet, which I created from the database, showing the sales to customers in the United
`States prior to January 1, 2000, is attached as Exhibit A.
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`There were 23 sales to customers in the United States prior to November 30, 1997. A spreadsheet
`showing these sales is attached as Exhibit B.
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`The Access database appears to be a backup created October 26, 2001 of another database. The
`Access database was not altered or modified after it was created. It appears to contain data that was
`valid and accurate when it was created, and is still valid and accurate today because it has not been
`modified or altered since it was created.
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`Page 8
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`

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`Amber N. Davis, Esq.
`Re: Spiral Direct
`October 16, 2019
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`2.
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`Facts and Data Considered
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`Page 3 of 3
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`The Microsoft Access database named “DirectNewBkUp011026-Ord+CustPre981027.mdb”
`received May 16, 2019, from Spiral Direct.
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`3.
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`Exhibits
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`A spreadsheet, which I created from the database, showing the sales to customers in the United
`States prior to January 1, 2000, is attached as Exhibit A. A spreadsheet, which I created from the
`database, showing the sales to customers in the United States prior to November 30, 1997, is
`attached as Exhibit B.
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`4.
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`Qualifications
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`My current CV is attached.
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`5.
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`List of Cases in Which I Have Testified
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`My current CV, which is attached, contains a list of cases in which I have testified.
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`6.
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`Statement of Compensation
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`My hourly rate is $300. To date I have spent 6.75 hours on this matter.
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`Sincerely,
`
`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`Page 9
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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` ESI Consulting, Inc.
`965 S Orlando Avenue
`Winter Park, FL 32789-4848
`(407) 740-7163
`Richard@ESIConsultingFL.com
`www.ESIConsultingFL.com
`
`
`
` FORENSIC EXPERIENCE
`
` November 2006 - Present
`
`ESI CONSULTING, INC.
`President and owner
`#
`Trained in Computer Forensics by New Technologies, Inc. (NTI), a division of
`Armor Forensics. Instructors were Joseph W. Enders and Kim Schaffer.
`Professional Development Certificate from Oregon State University in Computer
`Forensics
`AccessData Certified Examiner (ACE) (2009)
`Certified Computer Examiner (CCE) (2008)
`Certified Forensic Computer Examiner (CFCE) (2011)
`Digital Forensic Certified Practitioner (DFCP) (2009)
`EnCase Certified Examiner (EnCE) (2011)
`IACIS Certified Mobile Device Examiner (ICMDE) (2019)
`Member, Consortium of Digital Forensic Specialists (CDFS)
`Member, Digital Forensic Certification Board (DFCB)
`Associate Member, International Association of Computer Investigative
`Specialists (IACIS)
`Member, International Society of Forensic Computer Examiners (ISFCE)
`Experienced in many types of forensic examinations, including:
`Forensic Imaging, including Chain of Custody and authentication
`documentation
`Locating and recovering ESI (Electronically Stored Information) that may
`appear to be inaccessible through computer forensic processes, including
`documents, emails, instant messages, chat records, internet usage, web
`sites visited, applications run, images, cookies, etc.
`Analyzing and reporting on user activities such as e-mail, files accessed,
`Internet sites viewed, pictures viewed, IM chats, remote access, and much
`more.
`Creating and analyzing time lines of user activity
`Analyzing ESI for evidence of authenticity, modification or alteration
`Accessing password protected files, programs and drives
`Analyzing data found in special (and typically inaccessible) areas of a
`disk, including swap files, unallocated space, file slack and alternate data
`streams
`Analyzing whether data was wrongfully copied onto external media,
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`uploaded to internet storage or emailed
`Recovering and analyzing chats and IMs, including AIM, Facebook,
`Google, Gigatribe, MSN, MySpace, Skype, Twitter, Yahoo
`Examining and analyzing P2P file sharing data, including Ares, eMule,
`Frostwire, Gigatribe, Goggle Hello, Limewire, Shareaza, Torrents
`Analyzing data for use of wiping software
`Examining and analyzing data for evidence of marital infidelity
`Keyword searching and analysis
`Malware analyses
`Secure file deletion
`Cell phone, pda, cell tower, CDR, and gps forensic analysis
`Examining and analyzing DVRs
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`Experienced in many types of e-Discovery matters, including:
`Drafting litigation hold letters, preservation letters, discovery requests
`Identifying potential data sources
`Preservation and collection
`Meet and confer and case management conferences
`Drafting and performing keyword searches
`TAR and predictive coding methodologies
`Data authentication, review and production
`Chain of custody
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` Experienced in many types of cases, including:
`Civil cases
`Criminal cases
`Family/Marital/Domestic cases
`Business cases
`Internal investigations
`Child pornography
`Child predator/solicitation
`Corporate theft
`E-Discovery
`Former employees
`Forgery
`Construction cases
`Geolocation/Cell Tower Analysis
`Fraud, including financial fraud, tax fraud, insurance fraud
`Drug cases
`Homicide/manslaughter
`Medical malpractice
`Personal injury
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`Sexual harassment/battery
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`Experienced with many different forensic software programs, including
`Axiom
`Cellebrite UFED Touch Ultimate
`DVR Examiner
`E3
`EnCase
`F-Response Consultant
`F-Response Tactical
`Forensic Explorer
`FTK
`Internet Evidence Finder
`Internet Examiner
`IXTK
`Lantern
`MacQuisition
`Mount Image Pro
`NetAnalysis
`P2 Commander
`Paladin
`Passware Kit Forensic
`PeerLab
`Proof Finder
`Recon
`SIFT
`TRAX
`Virtual Forensic Computing
`WinHex
`X-Ways Forensic
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`Expert witness testimony
`State court
`Federal court
`Arbitration proceedings
`Testified in more than 100 cases
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`LEGAL EXPERIENCE
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`October 1997 - 2006
`RICHARD D. CONNOR, JR., P.A.
`General civil litigation and appeals representing plaintiffs and defendants.
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`Jury and non-jury trials in state and federal courts.
`Cases include securities, banking, fraud, professional liability (attorneys, accountants,
`brokers, etc.), real property, director and officer liability, and other areas.
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`May 1986-October 1997
`ADAMS & SPEARS, P.A.
`Complex commercial litigation representing plaintiffs and defendants.
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`Jury and non-jury trials in state and federal courts.
`Class actions.
`Cases include securities, banking, fraud, professional liability (attorneys, accountants,
`brokers, etc.), real property, director and officer liability, and other areas.
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`GENERAL LEGAL BACKGROUND
`Extensive appellate experience in state and federal courts.
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`Admitted to practice
`Florida Supreme Court.
`United States District Court, Middle District of Florida.
`United States Circuit Court of Appeals for the Sixth and Eleventh Circuits.
`United States Supreme Court.
`Legal Aid Society New Attorney Award of Excellence 1991.
`Florida Bar Journal/News Editorial Board 1989-95.
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`EDUCATION
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`STETSON UNIVERSITY COLLEGE OF LAW, St. Petersburg, FL.
`J.D., May 1986, cum laude.
`Notes Editor, Stetson Law Review.
`Elizabeth M. Leeman Award.
`Research and Writing Teaching Assistant.
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`PRINCETON UNIVERSITY, Princeton, NJ.
`A.B. June 1982, History.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`ORGANIZATIONS
`
`BOY SCOUTS OF AMERICA
`Cub Scout Pack 78 Committee Chair, 2002 - 2006
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`Boy Scout Troop 202 Committee Chair, 2005 2009
`Order of the Arrow, Brotherhood
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`PRINCETON CLUB OF CENTRAL FLORIDA
`President, Secretary, and Treasurer, 1992 - 2014
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`PRINCETON UNIVERSITY ALUMNI COUNCIL
`Regional Association Member Elected At Large, 2006-08
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`Committee on Regional Associations, 2006-08
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`EXPERT WITNESS TESTIMONY
`
`TRIAL TESTIMONY
`
`Benz Research and Development Corp. v. Ebrahimpour, Case No. 2011-CA-004732-NC (Fla. 12th
`Cir.) (Sarasota)
`2017
`Commercial litigation/IP theft. Testified at trial about deleted files.
`
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`Fitzgerald v. Fitzgerald, Case No. 2016-DR-000353 (Fla. 9th Cir.) (Orange)
`2017
`Dissolution. Testified at trial about examination and analysis of computers and iPad.
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`Fluid Energy Group Ltd. v. Heartland Energy Group, Ltd., Case No. 20282/RD (ICC)
`2015
`Business arbitration. Testified at arbitration about metadata.
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`Harper v. City of Tavares, (Arbitration)
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`2014
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`Employment. Testified at Arbitration about iOS devices, wiping, backups, cloud
`storage.
`
`Hiscox Dedicated Corporate Member, Ltd. v. Matrix Group Limited, Inc., Case No.
`8:09-CV-2465-T-33AEP (M.D. Fla.) (TPA)
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`2011
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`Commercial litigation. Testified at deposition and trial about party's computer
`activity on day in question.
`
`Lambert v. Itransit, Inc., Case No. 2012-CA-008677-O (Fla. 9th Cir.) (Orange)
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`2014
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`Commercial litigation. Testified at trial about examination of computer that had been
`wiped.
`
`Moneycorp, Inc. v. Orb, Inc., Case No. 01 1400 002 556 (AAA)
`2015
`Business litigation. Testified at Arbitration about examination of sql databases.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`Nina Plastic Bags, Inc. v. Wikoff Color Corp. Of S.C., Case No. 2009-CA-009947-O (Fla. 9th Cir.)
`(Orange)
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`
`2011
`Commercial litigation. Testified at deposition and trial about examination of ink
`dispensing computer and when and why ink was not dispensed properly.
`
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`[Juvenile Court Case], (Fla. 9th Cir.) (Orange) (Juvenile)
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`2013
`Testified at trial about accessing and altering data on a Nintendo Wii.
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`State of Florida v. Baldino, Case No. 56-2011-CF-001300-A (Fla. 19th Cir.) (St. Lucie)
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`2014
`Enticement of a minor, child pornography. Testified at trial about examination and
`analysis of seized media, including yahoo chats.
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`State of Florida v. Bracero-Reyes, Case No. 2017-CF-002100-A (Fla. 10th Cir.) (Polk)
`2018
`Child Pornography. Testified at trial about results of examination and analysis of cell
`phone and about file metadata.
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`State of Florida v. Cerrato, Case No. 17-CF-001433-A-OS (Fla. 9th Cir.) (Osceola)
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`2018
`Sexual battery of a minor. Testified at trial about examination of computers and
`phone, thumbnails and cached images.
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`State of Florida v. Elias, Case No. 2017-103838-CFDL (Fla. 7th Cir.) (Volusia)
`2019
`Child Pornography. Testified at trial about Flickr.
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`State of Florida v. Paulk, Case No. 2011 CF 000819 A (Fla. 5th Cir.) (Citrus)
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`2013
`Enticement of a minor. Testified at trial that computer examination showed
`defendant was not predisposed toward minors. Jury returned not guilty verdict
`(defendant did testify).
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`State of Florida v. Shriner, Case No. 2012-CF-7824 (Fla. 9th Cir.) (Orange)
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`2013
`Enticement of a minor. Testified at trial about certain files and that defendant did not
`visit sites frequented by teens.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`State of Florida v. Taylor, Case No. 2014-CF-003600 (Fla. 9th Cir.) (Osceola)
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`2017
`Child pornography. Testified at trial regarding torrents and results of examination
`and analysis.
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`State of Florida v. Zimmerman, Case No. 2012-CF001083-A (Fla. 18th Cir.) (Seminole)
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`2013
`Homicide. Testified at trial during proffer about text messages and pictures recovered
`from Trayvon Martin’s cell phone.
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`State of Texas v. Oakman, Case No. 2016-1134-C1 (Tex. 19th Dist.) (McLennan)
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`2019
`Sexual assault. Testified at trial regarding examination of cell phones and text
`messages.
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`United States v. Bates, Case No. 12-14054-cr-KMM/FJL (S.D. Fla.) (FTP)
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`2015
`Child pornography. Testified at trial regarding computer settings and activity.
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`United States v. Deal, Case No. 3:08-cr-368(S3)-J-32JRK (M.D. Fla.) (JCK)
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`2010
`Enticement of a minor. Testified at trial regarding file metadata.
`Reported at Deal v. United States, ___ F. Supp. 2d ___ (M.D. Fla. 2015)
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`United States v. Eckler, Case No. 6:2010cr00215 (M.D. Fla.) (ORL)
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`2011
`Enticement of a minor. Testified at trial regarding computer activity.
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`United States v. Glenn, Case No. 15-20632-CR-RNS(s) (S.D. Fla.) (MIA)
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`2017
`Child Pornography. Testified at trial regarding examination of files and data.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`United States v. Hicks, Case no. 3:18-cr-31-(S2)-J-32PDB (M.D. Fla.) (JAX)
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`2019
`Drugs/Homicide. Testified at trial regarding examination of cell phone data, Call
`Detail Records, and cell tower locations.
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`United States v. Irizarry, Case No. 6:2014-cr-00046-PGB-TBS (M.D. Fla.) (ORL)
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`2015
`Drugs. Testified at trial regarding data extracted from mobile phone.
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`United States v. Johnson, Case No. 6:18-cr-00113-CEM-DCI (M.D. Fla.)
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`2018
`Drugs. Testified at trial regarding data extracted from mobile phone.
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`United States v. Litzky, Case No. 6:2018-cr-00223-37TBS (M.D. Fla.) (ORL)
`2019
`Child pornography. Testified at trial regarding examination of phones, including
`pictures and videos on phones.
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`United States v. Neiheisel, Case No. 3:17-cr-89-J-39JBT (M.D. Fla.) (JAX)
`2018
`Child pornography. Testified at trial regarding examination of computer, torrents,
`Windows updates, and artifacts relating to user activity.
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`United States v. Parker, Case No. 2:09-CR-55-FTM-99SPC (M.D. Fla.) (FTM)
`2009
`Child pornography. Testified at trial regarding circumstances surrounding cp files,
`user activity, and moving files between media. Jury acquitted defendant.
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`United States v. Peters, Case No. 6:09-cr-82-Orl-28DAB (M.D. Fla.) (ORL)
`2009
`Child pornography. Testified at trial regarding timing of and circumstances
`surrounding cp files and user activity.
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`United States v. Pickett, Case No. 13-2576-CMM (S.D. Fla.) (FTL)
`2013
`Child pornography. Testified at trial regarding eMule, ccleaner, timing of and
`circumstances surrounding cp files and user activity.
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`United States v. Rivenbark, Case No. 6:2016-CR-00170 (M.D. Fla.) (ORL)
`2017
`Child pornography. Testified at trial regarding results of examination and analysis.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`United States v. Salman, Case No. 6:17-cr-18-Orl-40KRS (M.D. Fla.) (ORL)
`2018
`Terrorism. Testified at Pulse trial regarding results of examination and analysis of
`Omar Mateen’s and Noor Salman’s cell phones, cell tower locationss, and Facebook
`data.
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`United States v. Spence, Case No. 6:17-cr-62-Orl-41DCI (M.D. Fla.) (ORL)
`2017
`Child pornography. Testified at trial regarding results of examination and analysis of
`WhatsApp on a Windows phone.
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`United States v. St. Gourdin, Case No. 6:13-CR-104-RBD-TBS (M.D. Fla.) (ORL)
`2013
`Child pornography. Testified at trial about characteristics, metadata, and
`circumstances concerning alleged cp files.
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`United States v. Stahlman, Case No. 6:17-cr-45-Orl-41DCI (M.D. Fla.) (ORL), affirmed, United
`States v. Stahlman, Case Nos. 17-14387, 18-12866 (11th Cir.) (2019)
`2017
`Enticement of a minor. Testified at trial hearing regarding examination and analysis
`of activity on cell phone.
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`United States v. White, Case No. 6:13-cr-304-Orl-28GJK (M.D. Fla.) (ORL)
`2014
`Threat of Violence against public officials. Testified at trial about TOR network and
`material related to threats found on internet.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`HEARING TESTIMONY
`
`Benz Research and Development Corp. v. Ebrahimpour, Case No. 2011-CA-004732-NC (Fla. 12th
`Cir.) (Sarasota)
`2016
`Commercial litigation/IP theft. Testified at hearing about recovery of deleted emails
`and spoliation.
`
`#
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` Berman v. Berman, Case No. 2008-DR-007764-O (Fla. 9th Cir.) (Orange)
`2009
`Family Law. Testified at Hearing regarding spouse's computer searches about how
`to pass drug tests.
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`Deutsche Bank v. Mannino, Case No. 2008-CA-005806-O (Fla. 9th Cir.) (Orange)
`2014
`Mortgage Foreclosure. Testified at hearing about metadata and native file formats.
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`De Vengoechea v. Sedredinova, Case No. 2014-DR-1776 (Fla. 9th Cir.) (Orange)
`2017
`Family Law. Testified at hearing about deleted data.
`
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`Hedayati v. Hedayati, Case No. 2013-DR-017480 (Fla. 9th Cir.) (Orange)
`2014
`Family Law. Testified at hearing about internet activity including deleted internet
`history.
`
`#
`
`Hiscox Dedicated Corporate Member, Ltd. v. Matrix Group Limited, Inc., Case No.
`8:09-CV-2465-T-33AEP (M.D. Fla.) (TPA)
`2011
`Commercial litigation. Testified at hearing about examination of party's computer
`activity on day in question.
`
`#
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`#
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`In re: William W. Cole, Jr., Case No. 6:15-bk-06458-CCJ (M.D. Fla. Bankr.)
`2016
`Bankruptcy. Testified at hearing about recovery of deleted files.
`
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`Jasper Contractors, Inc. v. Heritage Construction & Roofing, Inc., Case No. 16-2016-CA-1497 (Fla.
`9th Cir.) (Osceola)
`2019
`Business litigation. Testified at hearing about examination of cell phones, including
`whether they were reset or wiped.
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`Richard D. Connor, Jr., Esq. ACE CCE CFCE DFCP EnCE ICMDE
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`Lynum v Killion, Case No. 2016-DR-000136 (Fla. 5th Cir.) (Sumter)
`2018
`Family law. Testified at hearing about whether email had been sent.
`
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`Massey Services, Inc. v. Harlan, Case No. 18-A09133-1 (Ga. Sup. Ct.) (Gwinnett)
`2019
`Former employee. Testified at hearing about examination of former employee’s
`computer.
`
`#
`
`National Staffing Solutions, Inc. v. Elder, Case No. 2012CA-001216 (Fla. 10th Cir.) (Polk)
` 2012
`Commercial litigation. Testified at hearing about data taken by former employees.
`
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`Sharif v. Pulmonary Care of Central Florida, P.A., Case No. 2014-CA-11795 (Fla. 9th Cir.) (Orange)
` 2016
`Business litigation. Testified at hearing about efforts to obtain ESI from opposing
`party.
`
`#
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`Simonmed Imaging Florida LLC v. Drew Medical, Inc.