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Timothy M. Opsitnick
Founder and General Counsel
JurInnov Ltd.
The Idea Center; Suite 400
1375 Euclid Avenue
Cleveland, Ohio 44115
Phone: 216.664.1100
Facsimile: 216.664.0800
www.Jurinnov.com
[email protected]
OVERVIEW
Timothy M. Opsitnick is the Founder and General Counsel of JurInnov Ltd. (“JurInnov”).
Mr. Opsitnick founded JurInnov in 2000. Mr. Opsitnick is at the forefront of practitioners
addressing issues involved in the security and discovery of electronically stored information.
His consulting practice focuses on electronic discovery, information governance,
cybersecurity, computer forensics, and cloud-based document management systems. His
clients include United States and international law firms and companies. He has also
conducted numerous continuing legal education seminars regarding electronic discovery,
cybersecurity, and other technology issues. In addition, he has served as a court-appointed
Special Master and as an expert witness.
Mr. Opsitnick was with the law firm of Jones Day from 1986 until 2000, where he was a
member of the Litigation and Product Liability sections. His practice concentrated in the
management of complex, multi-district litigation.
EDUCATION
Ohio Wesleyan University, Delaware, Ohio – 1978-82
Bachelor of Arts, Political Science and Psychology
Phi Beta Kappa
Case Western Reserve University, School of Law, Cleveland, Ohio – 1982-85
Juris Doctor
LICENSES
Licensed Attorney, State of Ohio
Licensed Private Investigator, State of Ohio
Licensed Private Investigator, State of Michigan
PROFESSIONAL ASSOCIATIONS
Cleveland Metropolitan Bar Association – Litigation Section
Ohio Bar Association – Litigation Section
American Bar Association – Section of Science and Technology Law (Information Security
Committee, Privacy and Computer Law Committee), Law Practice Management Section,
Section of Intellectual Property Law, Section of Litigation (Pretrial Practice and Discovery
Committee, Technology for the Litigator Committee)
Association of Records Managers and Administrators International (ARMA)
InfraGard
The Lawyers Guild of the Catholic Diocese of Cleveland
BOARDS
Westlake/Bay Village Rotary (2005-2009), past President (2007-2008)
Red Tail Master Home Owners Association (2003-2008), past President (2003-2007)
Red Tail Master Home Owners Association, Architectural Review Board (2003 to present)
Entrepreneurs’ Organization (2008-2009), Cleveland Chapter, Membership Chairman
Cleveland Association of Phi Beta Kappa (2011 to present)
Council Of Smaller Enterprises (COSE) Advocacy Committee (2014 to present)
STANDARDS DRAFTING AND ADVISORY
Advisor and contributor to Information Security for Lawyers and Law Firms, April 2006,
Section of Science and Technology Law, and the Law Practice Management Section (ABA)
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Founding member, Sedona Conference’s Working Group Series on Best Practices for
Electronic Document Retention and Production
Contributor and Editor to the publication, “The Sedona Guidelines: Best Practice
Guidelines & Commentary for Managing Information & Records in the Electronic
Age” (Second Edition 2007)
Contributor and Participant to the publication, “The Sedona Principles: Best Practice
Recommendations and Principles Addressing Electronic Document Production”
(Revised January 2004)
Member of the Advisory Board for Georgetown University Law Center’s Continuing Legal
Education for the development of programs for its E-Discovery Institute
Past member of the Advisory Board for Georgetown University Law Center’s Continuing
Legal Education for the development of the E-Discovery Training Academy
Member of Advisory Board for the American College of e-Neutrals an organization
dedicated to the education, training, credentials, and use third party referees—mediators,
arbitrators, masters, judges, liaisons and magistrates—committed to resolving disputes arising
from electronically stored information
Founder, ESIBytes.com which provides podcasts (audio broadcasts) from attorneys, technical
experts and judges regarding emerging issues concerning electronic discovery. The podcasts
are offered at no charge to bring awareness to legal issues and good business practices
concerning electronically stored information
Founder, Cleveland eDiscovery Roundtable
PUBLICATIONS
Spyware, in Information Security for Lawyers and Law Firms, Section of Science and
Technology Law, and the Law Practice Management Section (ABA), April 2006.
Metadata, in Information Security for Lawyers and Law Firms, Section of Science and
Technology Law, and the Law Practice Management Section (ABA), April 2006.
Internet Hosting Services Checklist, in The Electronic Evidence and Discovery
Handbook: Forms, Checklists and Guidelines, Law Practice Management Section (ABA),
April 2006.
“Electronic Records Create Greater Value, New Risks,” Cleveland Bar Journal, February
2006.
“Computer Forensic Technology: Looking for …‘Just the Facts Ma’am,’” Cleveland Bar
Journal, January 2006.
3
“Social Media -- After the Breach,’” Information Security and Privacy News, A Publication
of the Information Security Committee, American Bar Association, Section of Science and
Technology Law, Winter 2013, Volume 4, Issue 1.
SPECIAL MASTER AND OTHER COURT APPOINTMENTS
In Re World Trade Center Disaster Site Litigation, (S.D.N.Y), Case No. 21 MC 100.
Marjorie Reimer v. Dennis Reimer, (Cuyahoga County Domestic Relations, Ohio), Case No.
DR05 307226.
Cleveland Area Board of Realtors v. Lustic, (N.D. Ohio), Case No. 1:05CV0086.
Medtronic, Inc v. St. Jude Medical, Inc et al., (County of Ramsey, State of Michigan).
William J. Yung, et al. v. Grant Thorton, LLP and The 1994 Yung Family Trust , (Kenton
Circuit Court, State of Kentucky), Case No. 07-CI-02647.
The Timken Company v.Chi Cheung , (County of Stark, State of Ohio), Case No. 2012 CV
02802.
Approved E-Discovery Special Master for United States District Court (W.D. PA).
EXPERT WITNESS
In Re Tyco International, LTD., Securities Litigation, (D.N.H), Case No. 02-MDL-1335-B.
Ebling and Ebling, et al. v. The Dow Chemical Company, Inc., et al., (Floyd County,
Indiana), Case No. 22D01-9601-CT-30.
CSAHS/UHHS - Canton, Inc. d/b/a/ Mercy Medical Center v. Aultman Health Foundation, et
al., (Stark County, Ohio), Case No. 2007-CV-05227.
Michael E. Cullen v. State Farm Automobile Insurance Company, (Cuyahoga County, Ohio),
Case No. 555183.
Bradley B. Larsen, et al. v. Coldwell Banker Real Estate Corporation, et al., (C.D. Cal.), Case
No. 2ACV10-00401, AG (MLGX).
Dulles Jet Center Litigation v. Landow Aviation L.P., et al., (Loudoun County, Virginia),
Consolidated Case No. CL 00061040.
Medline Diamed, LLC v. Diamed USA, LLC, et al., (Stark County, Ohio), Case No.
2011CV00128.
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Acklin v. Cuyahoga Community College, et al., (Cuyahoga County, Ohio) Case No. 10
736415.
United States of America, and the States of California, Illinois, North Carolina and Ohio v.
Dish Network, L.L.C., (C.D. Ill.), Case No. 3:09-CV-03073-SEM-BGC.
AWARDS
2007 Socha-Gelbman Top Provider Electronic Discovery Survey
2010 Ringtail Partner Consultants of the Year
2010 Inc 5000 Fastest Growing Companies, No. 2300
2012 Goldman Sachs 10,000 Small Businesses Alumni
PATENTS
System and Method Facilitating Management of Law Related Service(s). U.S. Patent
7,865,450, January 4, 2011
MEDIA APPEARANCES
Cyber Security Firm Founder on Target Breach, WKYC, Cleveland, Ohio, January 10,
2014
Cyber Experts Offer Tips to Those Impacted by Target Data Breach, WKYC, Cleveland,
Ohio, December 20, 2013
Computer Forensics, Cox Cable, Business Channel, Northeast Ohio, recurring throughout
October, 2004
SELECTED SPEAKING ENGAGEMENTS
Cybersecurity Breakfast Series: Third Party Data Security Considerations, Tri-C,
Cleveland, Ohio, January 29, 2014
Discovery Land Show (eDiscovery Over the Last Decade), ESIBytes.com, Pittsburgh, PA,
January 14, 2014
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Computer Forensics, Ohio State Bar Association Technology Conference, Columbus, OH,
December 12, 2013
The Sedona Principles, 2d: Development in Law and Practice Since 2007, The Sedona
Conference WG1, Phoenix, Arizona, November 7, 2013
Cloud Computing, Cleveland Accounting Show, Cleveland, Ohio, October 30, 2013
Cloud Computing, Amplify Speaker Series, Cleveland, Ohio, September 18, 2013
Cybersecurity Breakfast Series: HIPAA Compliance, Tri-C, Cleveland, Ohio, July 31,
2013
Everything You Don’t Know About E-Discovery (But Wish You Did), National Business
Institute, Cleveland, Ohio, June 13, 2013
The Cloud, Crain’s Cleveland Business Breakfast Series, Cleveland, Ohio, June 4, 2013
Computer Forensics and Fraud, Cleveland State University, Cleveland, Ohio, April 9, 2013
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, March 20, 2013
EDiscovery and Computer Forensics, Kent State University School of Library Sciences,
Kent, Ohio, November 6, 2012
Computer Forensics and Information Security, Ohio Business Talks, Cleveland, Ohio,
June 13, 2012
Computer Forensics and Social Media, Cavitch Familo & Durkin, Cleveland, Ohio, June 4,
2012
Computer Forensics and Social Media, Lorain County Bar Association, Elyria, Ohio, May
17, 2012
Computer Forensics, Cleveland Employment Lawyers Association, Cleveland, Ohio, May
11, 2012
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, March 1, 2012
Current E-Discovery Issues from a Practitioner and Judicial Perspective, ClevelandMarshall College of Law, Cleveland, Ohio, November 10, 2011
E-Neutrals and Special Masters in Electronic Discovery Cases, ESIBytes.com, Pittsburgh,
PA, June 30, 2011
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, February 24, 2011
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Producing ESI and Associated Issues, ESIBytes.com, Pittsburgh, PA, January 25, 2011
Computer Forensics and Fraud: What Does “Delete” Really Mean and Other Technical
Follies, Ohio Society of CPA’s, Independence, Ohio, December 2, 2010
ESI Data Processing, ESIBytes.com, Cleveland, Ohio, September 21, 2010
Corporate Counsel eDiscovery Roundtable Discussion Series: Best Practices for
Handling Electronic Information, TCDI, Greensboro, North Carolina, August 19, 2010.
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, March 25, 2010
Electronic Evidence in the Courtroom and in Discovery, Lorain County Bar Association,
Elyria, Ohio, March 19, 2010
Technology Focus: Backup Systems--Tapes Disks, and Emerging Media and
Methodologies, Georgetown University Law Center Continuing Legal Education,
Washington, D.C., November 12, 2009
Lawyer Geeks and the Discovery Revolution, Corporate Counsel Forum, Roetzel &
Andress, Independence, Ohio, November 12, 2009
Search and Retrieval Tips from the Bench, ESIBytes.com, Cleveland, Ohio, June 9, 2009
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, April 2, 2009
Understanding Electronic Document Management Databases, Georgetown University
Law Center E-Discovery Training Academy, Washington, D.C., February 12, 2009
Best Practices in Addressing Electronic Communications, Georgetown University Law
Center Continuing Legal Education, Washington, D.C., November 20, 2008
Computer Forensics and Fraud, Case Western Reserve University, Weatherhead School of
Management, Cleveland, Ohio, April 3, 2008
Managing EDiscovery Vendors and Databases, NITA, Cleveland, Ohio, March 12, 2008
E-Discovery Update—One Year Later, Cleveland Bar Association, Cleveland, Ohio,
December 13, 2007
Electronic Document Review: Why Best Practices for Traditional Paper Review Doesn’t
Translate to ESI, Georgetown University Law Center Continuing Legal Education,
Washington, D.C., November 16, 2007
Electronic Data and Computer Forensic Considerations, Roetzel & Andress, LPA, Akron,
Ohio, November 14, 2007
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Protecting Trade Secrets in the Digital Age, Schottenstein, Zox & Dunn Co., LPA,
Columbus, Ohio, September 27, 2007
New Risks of ESI, Hyland Software, Cleveland, Ohio, June 29, 2007.
Electronic Discovery: Practical Solutions, Schottenstein, Zox & Dunn Co., LPA,
Columbus, Ohio, June 22, 2007
Use of Statistics to Defend Reasonable, Good Faith Document Production Efforts, The
Sedona Conference WG1, Phoenix, Arizona, May 10, 2007
Information Security for the Small and Medium-Sized Law Firm, American Bar
Association, audio webcast, April 24, 2007
An Introduction to Computer Forensics and Data Recovery, Buchanan Ingersoll &
Rooney PC, Pittsburgh, Pennsylvania, March 7, 2007
An EDD Primer – What is Electronically Stored Information and How Should It Be
Treated, Reminger & Reminger Co., L.P.A., Cleveland, Ohio, February 28, 2007
Computer Forensics: An Introduction, Thompson Hine LLP, Cleveland, Ohio, February
17, 2007
The New Federal Rules: E-Discovery, Cleveland Bar Association, Cleveland, Ohio,
November 29, 2006
Managing the E-Discovery Process, Georgetown University Law Center Continuing Legal
Education, Washington, D.C., November 16, 2006
Enough Technology to be Dangerous, Georgetown University Law Center Continuing
Legal Education, Washington, D.C., November 15, 2006
A Lawyer’s Obligation to Protect Client Data – And How to Do it, Cleveland Bar
Association, Cleveland, Ohio, November 10, 2006
Mastering the Latest Legal Technology: Managing the Exponential Growth of
Electronic Discovery, Alston & Bird, Atlanta, Georgia, October 13, 2006
An EDD Primer – What is Electronically Stored Information (ESI) and How Should It
Be Treated, Paralegal Super Conference, Atlanta, Georgia, October 12, 2006
Discovery Land, Special Counsel, Minneapolis, Minnesota, July 19, 2006
Technology and Staffing Go Head to Head: The Nuts and Bolts of E-Discovery, the
Allegheny County Bar Association, Pittsburgh, Pennsylvania, June 21, 2006
Metadata, ABA TechShow, Chicago, Illinois, April 20, 2006
8
An Electronic Evidence and Computer Forensics Primer, ABA TechShow, Chicago,
Illinois, April 20, 2006
Taming a Tsunami: The Management of Electronic Evidence, ABA TechShow, Chicago,
Illinois, April 20, 2006
The 4th C Electronic Discovery Case Study, Special Counsel, Indianapolis, Indiana, April
26, 2006
Discovery of Electronic Information and Computer Forensics, American Corporate
Counsel Association, Cleveland, Ohio, February 16, 2006
The Sedona Conference Presents: The Sedona Guidelines, Greater Cleveland Chapter
ARMA, Independence, Ohio, April 11, 2006
The Sedona Conference Presents: The Sedona Guidelines, International Quality &
Productivity Center, Miami, Florida, February 28, 2006
E-Discovery Secrets: How to Build a Process for Success—All Star Panel, Pike & Fischer,
Pittsburgh, Pennsylvania, January 26, 2006
Computer Forensics, Union Club, Cleveland, Ohio, November 4, 2005
Stepping Outside the Box: Utilizing Electronic Discovery, National Business Institute,
Cleveland, Ohio, May 12, 2005
The Nuts and Bolts of E-Records and E-Discovery, the Allegheny County Bar Association,
Pittsburgh, Pennsylvania, April 19, 2005
Discovering Electronically, Business Litigation Seminar, Cleveland Bar Association,
Cleveland, Ohio, December 17, 2004
Computer Forensics, Cox Cable, Business Channel, Northeast Ohio, recurring throughout
October, 2004
The Intersection of Electronic Information, Records Management and Litigation in the
Digital Age, International Law and Technology Forum, Institute for Law and Technology, the
Center for American and International Law, Plano, Texas, September 24, 2004
Emerging Trends in Electronic Discovery and Computer Forensics, Calfee Halter &
Griswold LLP, Cleveland, Ohio, May 20, 2004
Electronic Data Issues and Computer Forensics, Cleveland Bar Association, Cleveland,
Ohio, April 23, 2004
Electronic Data Issues and Computer Forensics, Taft Stettinius & Hollister LLP,
Cincinnati, Ohio, April 2, 2004
Electronic Discovery Seminar, Cooper Walinski, Toledo, Ohio, December 2, 2003
9
Knowledge Management and Case Management: Discerning Between Meat and
Mantra, International Law and Technology Forum, Institute for Law and Technology, the
Center for American and International Law, Plano, Texas, November 4, 2003
International Dimensions to the Electronic Discovery Dilemma, the Sedona Conference,
Sante Fe, New Mexico, October 17, 2003
Best Practices Recommendations and Principles for Addressing Electronic Document
Production, Managing Electronic Records (MER), Cohasset Associates, Inc., Chicago,
Illinois, September 22, 2003
Electronic Data Issues and Spoliation, Anthony J. Celebrezze Inn of Court, Cleveland,
Ohio, April 8, 2003
Collection of Electronic Data for Discovery, the Sedona Conference WG1, Phoenix,
Arizona, October 17, 2002
New Technologies and Tools to Think and Worry About, the Sedona Conference,
Phoenix, Arizona, October 17, 2002
Technology for In-House Counsel: Friend or Foe, Georgetown Corporate Counsel
Institute, Washington, D.C., March 14, 2002
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PROFESSIONAL LEGAL PRACTICE
Opsitnick's professional legal practice encompassed the following activities:
Coordination of nation-wide, multi-district, defensive discovery matters for
product liability clients;
Coordination of defensive discovery issues concerning discovery requests,
motions to compel, motions for protective orders (including protective orders for
trade secret and confidential information), collection and production of
documents, creation and development of document repositories, privilege matters,
witness preparation, electronic data (including e-mail), and forensics;
Coordination of defensive discovery issues with and among joint defendants in
cases throughout the United States;
Supervision of the efforts of hundreds of attorneys and legal assistants in
connection with discovery demands;
Pioneering the development of Internet web sites to meet discovery obligations as
well as compliance with national settlement of claims for litigation clients;
Development of content and structure for Internet document web sites for use in
management of defensive discovery production in nation-wide, complex
litigation;
Briefing and presenting arguments regarding electronic data and Internet
document web site issues to courts and plaintiffs' counsel throughout the United
States;
Development of technology solutions for demanding client problems, including
the development of Internet-based solutions for knowledge management of case
information;
Supervision of the rollout of Internet case management technology and Internet
document web sites to numerous offices of national and local counsels throughout
the United States and abroad;
Implementation and direction of industry-wide compliance efforts under portions
of multi-state settlement agreement of claims brought by various states attorneys
general.
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