Daniel B. Garrie · Special Master & Forensic Neutral
Discovery is where cases stall. Resolve the fight in weeks, not motion cycles.
A working library on how discovery and ESI disputes actually get resolved — the rules, the protocols, and the neutrals who move them. Grounded in primary authority, written for the litigators in the fight.
Special Master
In re Facebook Consumer Privacy Litigation. Appointed, N.D. Cal.
Discovery Referee
Dozens of appointments. L.A. Superior Court and courts in WA, NY, IL, FL, NV.
Law & Technology
20+ years at the law–technology seam. 400+ publications. Harvard faculty.
Get the Model Discovery Order Pack — free.
Four battle-tested templates you can adapt with counsel: a Rule 53 special-master order, an ESI-protocol mediation clause, a discovery-referee stipulation, and a forensic-inspection protocol. Plus a short note when a new insight publishes.
A polished, copy-ready pack sent straight to your inbox. No spam — unsubscribe anytime.
His report was a model of clarity — even to a lay person — and demonstrated how extremely conscientious and thorough he had been. The report was directly responsible for the prompt settlement not only of the case before me, but seven other disputes between the parties.— The judge who appointed Mr. Garrie as Special Master on a complex dispute
The six fights
Most discovery stalls come down to six recurring disputes.
When a case turns on how the technology actually works, the motion calendar is the slow path. Here's what a technically fluent neutral resolves — and what we write about.
ESI protocol fights
Format, scope, custodians, and metadata disputes that keep production from starting.
Spoliation allegations
Servers, mobile devices, and cloud accounts said to be lost or altered under FRCP 37(e).
TAR & search-term disputes
Disagreements over predictive coding, validation, and search-term protocols.
Privilege review disputes
Volume, methodology, and clawback fights — and the Rule 502(d) orders that solve them.
Forensic inspection battles
Protocols governing access to and imaging of an opposing party's systems.
Cross-border discovery
U.S. obligations against GDPR and Hague-Convention limits on moving data.
Procedural vehicles
The same fight can be routed three ways.
The right vehicle depends on the forum and what the parties will stipulate to.
Special Master under FRCP 53
Federal courts appoint a master to manage and decide discovery matters that would otherwise consume the docket.
Discovery referee under CCP §§ 638–639
California courts refer discovery disputes to a referee by stipulation or, where warranted, by motion.
Forensic neutral & ESI mediator
Parties stipulate to a neutral to design inspection protocols — or to mediate the protocol before it hardens into a motion.
Featured insights
Grounded writing on resolving discovery disputes.
Every article is grounded in primary authority — federal rules and statutes, U.S. court sources, and peer-reviewed scholarship.
About the neutral
This library is maintained by Daniel B. Garrie — a jurist who speaks both languages: the rules of discovery and the systems the evidence lives on.
Over 20+ years, Daniel has been appointed by and appeared before state and federal courts nationwide, including the U.S. Courts of Appeals for the Second, Third, and Seventh Circuits. He teaches at Harvard and serves as a neutral through JAMS.
One useful email. No noise.
Get the Model Discovery Order Pack now, then a short, practical note when a new insight publishes. Built for litigators, not marketers.
Credentials
Twenty years where the law and the technology meet.
Publications, cited across articles, briefs, and judicial opinions.
Faculty teaching cybersecurity, computer forensics, and smart contracts.
Neutral for discovery, ESI, and forensic disputes nationwide.
U.S. cybersecurity patents; co-author of a Federal Judicial Center guide for judges.
Considering a neutral?
Discuss a potential appointment.
Tell us a little about the dispute. A JAMS Case Manager can discuss whether a Special Master, discovery referee, or forensic neutral fits your matter — and the procedural path to appointment.
New to discovery neutrals? Read the FAQ →
Start with the free pack. Route the engagement when you're ready.
Download the Model Discovery Order Pack today. When a matter needs a neutral, engagement is administered through JAMS.