Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 1 of 17 PageID 50
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`IN RE: AT&T Inc. CUSTOMER DATA
`SECURITY BREACH LITIGATION
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`This Document Relates to All Cases
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`CASE NO. 3:24-cv-00757-E
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`MDL DOCKET NO. 3:24-md-03114-E
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`§
`§
`§
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`§
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`CASE MANAGEMENT ORDER #4
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`GIVING NOTICE AND OPPORTUNITY TO BE HEARD REGARDING THE
`APPOINTMENT OF CRAIG BALL AS SPECIAL MASTER FOR ESI AND
`DISCOVERY
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`Considering the complexity of this multidistrict litigation, the Court concludes that the
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`appointment of a Special Master for ESI and Discovery under Federal Rule of Civil Procedure
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`53 would serve to facilitate the just, speedy and inexpensive determination of this proceeding, as
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`required by Federal Rule of Civil Procedure 1. See Fed. R. Civ. P. 53(b) (enumerating the process
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`for appointing a special master); see generally Special Masters, Ann. Manual Complex Lit. §
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`11.52 (4th ed.).1 To that end, the Court has reached out to Texas attorney and certified computer
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`forensic examiner Craig Ball to request that he serve as Special Master for Electronically Stored
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`Information (ESI) and Discovery in this proceeding. Craig Ball has agreed to serve as Special
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`Master for ESI and Discovery, with the understanding that his appointment be done with the
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`consent of the parties, as required under Fed. R. Civ. P. 53 (a)(1)(A). Mr. Ball is not aware of
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`any grounds for disqualification under 28 U.S.C. § 455. Attached hereto as Exhibit A is
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`biographical information regarding Craig Ball.
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`For purposes of discerning the nature of the Special Master appointment, the Court
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`1 See also Fed. R. Civ. P. 1 (The Federal Rules of Civil Procedure “should be construed, administered, and employed
`by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”).
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`Case Management Order #4
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`Page 1 of 9
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 2 of 17 PageID 51
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`provides the following information.
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`Case Management Order – Contents
`SPECIAL MASTER’S DUTIES ............................................................................................................ 3
`I.
`COMMUNICATIONS .......................................................................................................................... 4
`II.
`SPECIAL MASTER’S RECORD. ......................................................................................................... 4
`III.
`IV. REVIEW OF THE SPECIAL MASTER’S RULINGS. ............................................................................. 5
`COMPENSATION. .............................................................................................................................. 6
`V.
`VI. AFFIDAVIT. ....................................................................................................................................... 7
`VII. COOPERATION. ................................................................................................................................ 8
`VIII. ACCESS TO INFORMATION AND PERSONNEL. ................................................................................ 8
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`Case Management Order #4
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`Page 2 of 9
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`In making this appointment, the Court has determined that the matters within the purview of the
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`I.
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`SPECIAL MASTER’S DUTIES
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`Special Master necessitate highly specialized technical knowledge and cannot be effectively and
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`timely addressed by an available district judge or magistrate judge of the district. The Court has
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`reviewed legal authority addressing the duties of a Special Master that are permitted under the
`Federal Rules of Civil Procedure and Article III of the Constitution.2 Consistent with this legal
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`authority and the currently anticipated needs of the Court, the Court proposes that Special Master
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`Ball shall have the authority over matters of electronically stored information (ESI) and discovery
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`and in support thereof to:
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`(i)
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`(ii)
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`(iii)
`(iv)
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`(v)
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`(vi)
`(vii)
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`meet separately and together with various groups to facilitate communications
`between and amongst (a) the parties, (b) any relevant outside entities, and (c) the
`Court;
`assist the Court with mediating resolution of any part of the parties' disputes relating
`to discovery and ESI;
`provide legal analysis of the parties' submissions;
`ensure coordination with any related litigation or governmental action relating to
`discovery and ESI;
`assist with preparation for attorney conferences (including formulating agendas),
`court scheduling, and case management as it may relate to discovery and ESI;
`interpret any agreements reached by the parties relating to discovery and ESI; and
`direct, supervise, monitor, and report upon implementation and compliance with the
`Court's Orders relating to discovery and ESI.
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`Special Master Ball shall organize his activity to ensure non-duplication of effort and appropriate
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`attention to the various groups of interested parties and counsel. The Court may direct the Special
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`Master Ball to undertake additional duties as the case progresses.
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`2 See generally FRCP 53, advisory committee's notes, 2003 amendment (discussing the range of duties
`and authority of a Special Master); Appointing Special Masters and Other Judicial Adjuncts: A Benchbook for
`Judges and Lawyers (5th ed. 2013).
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`Case Management Order #4
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`Page 3 of 9
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`II.
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`COMMUNICATIONS
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`Rule 53(b)(2)(B) directs the Court to set forth “the circumstances, if any, in which the Special
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`Master may communicate ex parte with the court or a party.” Fed. R. Civ. P. 54(b)(2)(B). The
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`Court proposes that Craig Ball, as Special Master, may communicate ex parte with the Court or
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`Special Master Furgeson at his discretion, without providing notice to the parties, regarding
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`logistics, the nature of his activities, management of discovery and ESI, and other appropriate
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`procedural matters, and also to assist the Court and Special Master Furgeson with legal analysis of
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`the parties' submissions related to Ball’s areas of expertise. Special Master Ball may communicate
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`ex parte with any party or its attorney, as he deems appropriate, for the purposes of ensuring the
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`efficient administration and management and oversight of discovery in this case, and for the
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`purpose of mediating or negotiating a resolution of part or all of any dispute related to discovery
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`and ESI. The Special Master shall not communicate to the Court any substantive matter learned
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`during an ex parte communication between Special Master Ball and any party.
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`Disclosure of privileged or protected information connected with the litigation to the
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`Special Master shall not be a waiver of privilege or a right of protection in this cause and is also
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`not a waiver in any other Federal or State proceeding. Accordingly, a claim of privilege or
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`protection may not be raised as a basis to resist such disclosure.
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`Rule 53(b)(2)(C) provides that the Court define the nature of the materials to be preserved and filed
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`III.
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`SPECIAL MASTER’S RECORD
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`as a record of the Special Master’s activities. Fed. R. Civ. P. 53(b)(2)(C). The Court proposes that
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`Craig Ball shall maintain normal billing records of his time spent on this matter, with reasonably
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`detailed descriptions of the activities and matters worked upon. If the Court asks Special Master
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`Ball to submit a formal report or recommendation regarding any matter, Special Master Ball shall
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`Case Management Order #4
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`Page 4 of 9
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`submit such report or recommendation in writing, for filing on the case docket. The Special Master
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`need not preserve for the record any documents created by the Special Master that are docketed in
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`this or any other court, nor any documents received by the Special Master from counsel or parties
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`in this case.
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`IV.
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`REVIEW OF THE SPECIAL MASTER’S RULINGS
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`Rule 53(b)(2)(D) directs the Court to state the time limits, method of filing the record, other
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`procedures, and standards for reviewing
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`the Special Master’s orders, findings, and
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`recommendations. Fed. R. Civ. P. 53(b)(2)(D). The Court proposes that Craig Ball, as Special
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`Master for ESI and Discovery, shall either: (i) reduce any formal order, finding, report, ruling, or
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`recommendation to writing and file it electronically on the case docket via Electronic Case Filing
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`(“ECF”); or (ii) issue any formal order, finding, report, ruling, or recommendation on the record
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`before a court reporter. Pursuant to Rule 53(f)(2), any party may file an objection to an order,
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`finding, report, ruling, or recommendation by the Special Master within twenty-one days of the
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`date it was filed; failure to meet this deadline results in permanent waiver of any objection to the
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`Special Master’s orders, findings, reports, rulings, or recommendations. Fed. R. Civ. P. 53(f)(2).3
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`Absent timely objection, the orders, findings, reports, rulings, and recommendations of Special
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`Master Ball shall be deemed approved, accepted, and ordered by the Court, unless the Court
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`explicitly provides otherwise.
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`If Special Master Ball issues an informal ruling or order that is not on the record (such as
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`the resolution of a discovery dispute) either orally, via email, or through other writing, and a party
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`3 Rule 53(f)(2) provides that parties may file objections no later than twenty-one days after a copy of the Special
`Master’s order, report, or recommendations is served, unless the court sets a different time. Fed. R. Civ. P. 53(f)(2).
`Motions for extensions of time to file objections will not normally be granted unless good cause is shown. The Special
`Master may, however, provide in an order, finding, report, or recommendation that the period for filing objections to
`that particular document is some period longer than twenty-one days, if a longer period appears warranted.
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`Case Management Order #4
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`Page 5 of 9
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`wishes to object to that ruling or order, the party shall ask the Special Master to formalize the ruling
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`or order by filing it on the docket or appearing before a court reporter. Such request shall be made
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`within three days of issuance of the informal order or ruling, else the opportunity to object shall be
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`waived. The procedures and deadlines outlined in this section shall then apply.
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`As provided in Rules 53(f)(4)-(5), the Court shall decide de novo all objections to
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`conclusions of law made or recommended by the Special Master; and the Court shall set aside a
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`ruling by the Special Master on a procedural matter only for an abuse of discretion. Fed. R. Civ. P.
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`53(f)(4)-(5). The Court shall retain sole authority to issue final rulings on matters formally
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`submitted for adjudication, unless otherwise agreed by the parties, and subject to waiver of
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`objection to written orders or recommendations as noted above. To the extent the Special Master
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`enters an order, finding, report, ruling, or recommendation regarding an issue of fact—the Court
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`shall review such issue of fact de novo, if any party timely objects pursuant to the Rules and within
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`the 21 calendar-day-time period set forth herein. See Fed. R. Civ. P. 53(f)(3). Failure to meet this
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`deadline results in a permanent waiver of any objection to the Special Master’s findings of fact.
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`Rule 53(b)(2)(E) states that the Court must set forth the basis, terms, and procedure for fixing the
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`V.
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`COMPENSATION
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`Special Master’s compensation. See also Fed. R. Civ. P. 53(g) (addressing compensation). The
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`Court proposes that Special Master Ball be compensated at his usual and customary rate of $750
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`per hour plus expenses, including time spent in transit or otherwise in connection with this
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`appointment provided however that travel time will be paid at one-half (50%) of the usual and
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`customary rate unless substantive work, research or discussions are performed while traveling, in
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`which case such activities will be billed at the usual and customary rate. If Special Master Ball
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`requires other assistance in the performance of his duties as Special Master, he will seek said
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`Case Management Order #4
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`assistance only after notice to the parties and approval of the Court. The fees and expenses for Craig
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`Ball and his staff shall be shared by the parties, with Defendant bearing 50% of this cost and
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`Plaintiffs bearing 50% of this cost.4 The Special Master shall incur only such fees and expenses as
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`may be reasonably necessary to fulfill his duties under this Order, or such other Orders as the Court
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`may issue. The Court has “consider[ed] the fairness of imposing the likely expenses on the parties
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`and [has taken steps to] protect against unreasonable expense or delay.” Fed. R. Civ. P. 53(a)(3).
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`From time to time, on approximately a monthly basis, Special Master Ball shall file under
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`seal an Itemized Statement of fees and expenses (not to include overhead). The Court expects these
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`Itemized Statements may reveal confidential or privileged communications between the Special
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`Master and the Court. Accordingly, the Court shall maintain these Itemized Statements under seal,
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`and they shall not be made available to the public or counsel. The Special Master shall file with his
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`Itemized Statements a Summary Statement, which shall list only the total amount billed, shall not
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`be filed under seal, and shall contain a signature line for the Court, accompanied by the statement
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`“approved for disbursement.” If the Court determines the Itemized Statement is regular and
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`reasonable, the Court will sign the corresponding Summary Statement and transmit it to the parties.
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`The parties shall then remit to Special Master Ball their proportionate share of any Court-approved
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`amount, within twenty calendar days of Court approval.
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`Rule 53(b)(3)(A) notes that the Court may enter an Order of appointment only after the Special
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`VI.
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`AFFIDAVIT
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`Master “files an affidavit disclosing whether there is any ground for disqualification under 28
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`U.S.C. § 455.” Fed. R. Civ. P. 53(b)(3)(A); see Fed. R. Civ. P. 53(a)(2) (discussing basis for
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`4 To the extent additional defendants are added to this litigation, the Court expects defendants will bear 50% of the
`Special Master’s costs, jointly.
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`Case Management Order #4
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`Page 7 of 9
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 8 of 17 PageID 57
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`disqualification). So that the consent of the parties can be accomplished with the full understanding
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`of Craig Ball’s relationships to this litigation and to the parties and their lawyers, Special Master
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`Ball is directed to file with the Court an affidavit disclosing any possible ground for his
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`disqualification under 28 U.S.C. § 455.5
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`The Court will require that the parties and their counsel, including their successors in office, agents,
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`VII.
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`COOPERATION
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`and employees, shall provide full cooperation to Craig Ball, as Special Master, and any staff or
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`consultant employed by the Special Master, and observe faithfully the requirements of any orders
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`of the Court and rulings by the Special Master. The Parties shall timely comply with rulings of the
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`Special Master issued pursuant to this Order. Pursuant to Rule 53(c)(2), the Special Master may, if
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`appropriate, “impose on a party any noncontempt…sanction provided by Rule 37 or 45 and may
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`recommend a contempt sanction against a party and sanctions against a nonparty” As an agent and
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`officer of the Court, the Special Master (and those working at his direction) shall enjoy the same
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`protections from being compelled to give testimony and from liability for damages as those enjoyed
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`by other federal judicial adjuncts performing similar functions.6
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`VIII.
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`ACCESS TO INFORMATION AND PERSONNEL
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`When effective, the parties will make readily available to Craig Ball, as Special Master, any and all
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`individuals (including technical staff and vendors), information, documents, materials, software,
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`files, databases, devices, media, repositories, systems, services, facilities, and premises under their
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`control that the Special Master requires to perform his duties.
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`5 Section 455 enumerates circumstances in which a justice, judge, or magistrate judge of the United States “shall
`disqualify himself.” 28 U.S.C. § 455(a)-(b).
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` 6
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` See, e.g., Atkinson-Baker & Assocs., Inc. v. Kolts, 7 F.3d 1452, 1454-55 (9th Cir. 1993) (applying the doctrine of
`absolute quasi-judicial immunity to a Special Master).
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`Case Management Order #4
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`Page 8 of 9
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`The Special Master may require reports from any party in a format specified by the Special
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`Master, as reasonably required to enable the Special Master to perform all assigned duties.
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`Therefore, after reviewing this Order and Craig Ball’s affidavit, the parties are hereby
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`required by September 11, 2024, to either (i) file their consent to the appointment of Craig Ball
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`as Special Master for ESI and Discovery or (ii) file their objection to said appointment.
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`IT IS SO ORDERED.
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`Signed this 21st day of August 2024.
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`Case Management Order #4
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`Page 9 of 9
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`Exhibit A
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 11 of 17 PageID 60
`CRAIG BALL
`
`
`ESI Special Master and Texas Attorney
`Certified Computer Forensic Examiner
`Author and Educator
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`(713) 320-6066
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`3251 Laurel Street
`New Orleans, Louisiana 70115
`craig@ball.net
`Web: craigball.com
`Blog: ballinyourcourt.com
`
` I
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` am a Texas attorney in good standing with 42 years of experience. For the past 25 years, I’ve limited my practice to a
`specialty in electronic discovery and digital evidence, helping to inform and shape that discipline. Previously, I was lead
`counsel in complex litigation.
`
`I am a formally trained and certified computer forensic examiner, and I hold multiple certifications in data recovery and
`electronic discovery. I teach Electronic Discovery and Digital Evidence at the graduate school level and counsel lawyers,
`courts, businesses and governments on the strategy and management of e-discovery. I’ve published extensively on
`electronic discovery, including writing a nationally syndicated column for nine years and the E-Discovery Workbook, a text
`widely used by law professors teaching the subject.
`
`On 50+ occasions, I have served as a court-appointed Special Master/Neutral in Electronically Stored Information, a role
`which requires me to oversee, direct and assess electronic discovery in complex, often high-profile litigation.
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`I currently serve as General Counsel for the Electronic Discovery Reference Model, and I have held various leadership roles
`in other groups charged with the creation and refinement of standards and best practices for electronic discovery,
`including The Sedona Conference Working Group 1 and the Federal Judicial Center. I served on the committee that drafted
`the current Maryland Federal Courts’ Guidelines for Electronic Discovery; the only out-of-state attorney invited to
`participate.
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`I’ve delivered more than 2,200 publications and speeches throughout the nation and abroad on e-discovery and computer
`forensics. I advise foreign and domestic corporations as well as governmental units on the design, implementation and
`operation of electronic discovery and compliance functions. I’ve testified on e-discovery rulemaking before the Federal
`Rules committee, and at publishers’ requests, I’ve written on the essential features and design of leading electronic
`discovery software platforms.
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`Electronic discovery and digital evidence have been my full-time focus for as long as they’ve been discrete disciplines. I
`am regularly hands-on with systems and data, fluent in the sources and forms of ESI and conversant in all phases of the
`EDRM. I believe I enjoy a long-recognized and -esteemed position as a trusted thought leader in e-discovery, and I’ve
`devoted countless hours to devising ways to make electronic evidence more accessible and affordable for all. I understand
`e-discovery’s challenges and embrace the obligation to stay abreast of changing technologies. E-discovery competence
`demands vigilant attendance to emerging case law, standards, regulations and tools. That’s a full-time job, and it’s been
`my full-time job for decades.
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`CAREER HIGHLIGHTS
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`Current Position (since 1991): President, Craig D. Ball, P.C. law firm, practice limited service as a court-appointed Special
`Master in ESI and consultancy in electronic discovery and computer forensics.
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`Current Position (since 2011): Adjunct Professor, University of Texas School of Law, teaching Electronic Discovery and
`Digital Evidence. (Spring Semesters)
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`
`
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`1
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`Exhibit A
`Page 1 of 7
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 12 of 17 PageID 61
`Current Position (since 2008): Faculty and Founder, Georgetown University Law Center E-Discovery Training Academy,
`a week-long boot camp in e-discovery. (Summer term)
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`Current Position (since 2020): Adjunct Professor, Tulane University School of Law, teaching Electronic Evidence and
`Information Technology for Trial Lawyers. (Fall semesters)
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`Current Position (since 2020): General Counsel, Electronic Discovery Reference Model (EDRM)
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`EDUCATION
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`Rice University (B.A., 1979, triple major); University of Texas (J.D., with honors, 1982); Oregon State University
`(Computer Forensics certification, 2003); EnCase Intermediate Reporting and Analysis Course (Guidance Software 2004);
`WinHex Forensics Certification Course (X-Ways Software Technology 2005); Certified Data Recovery Specialist (Forensic
`Strategy Services 2009); Nuix Certified E-Discovery Specialist (2014); numerous other classes on computer forensics and
`e-discovery.
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`SELECTED PROFESSIONAL ACTIVITIES
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`Law Offices of Craig D. Ball, P.C.; licensed in Texas since 1982
`Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization 1988-2019
`Certified Computer Forensic Examiner, Oregon State University and NTI
`Certified Computer Examiner (CCE), International Society of Forensic Computer Examiners
`Certified Data Recovery Specialist, Certified E-Discovery Specialist (Nuix)
`Faculty and Founder, Georgetown University Law Center, E-Discovery Training Academy
`Faculty, University of Texas School of Law, Adjunct Professor teaching Electronic Discovery & Digital Evidence
`Faculty, Tulane University School of Law, Adjunct Professor teaching Digital Evidence
`Instructor in Computer Forensics and Electronic Discovery, United States Department of Justice
`Lecturer on Electronic Discovery for Federal Judicial Center, FDIC (2019) and Texas Office of the Attorney General
`Board Member, Georgetown University Law Center Advanced E-Discovery Institute and E-Discovery Academy
`Board Member, International Society of Forensic Computer Examiners (agency certifying computer forensic examiners)
`Member, Sedona Conference WG1 on Electronic Document Retention and Production
`Member, Maryland Committee on Federal E-Discovery Guidelines, 2014-17 (civil and criminal committees)
`Special Master, Electronic Discovery, numerous federal and state tribunals
`Instructor, HTCIA Annual 2010, 2011, 2023 Cybercrime Summit, 2006, 2007; SANS Instructor 2009, CEIC 2011, 2012
`Special Prosecutor, Texas Commission for Lawyer Discipline, 1995-96
`Council Member, Computer and Technology Section of the State Bar of Texas, 2003-date; Chair 2015-2016
`Chairman: Technology Advisory Committee, State Bar of Texas, 2000-02
`President, Houston Trial Lawyers Association (2000-01); President, Houston Trial Lawyers Foundation (2001-02)
`Director, Texas Trial Lawyers Association (1995-2003); Chairman, Technology Task Force (1995-97)
`Member, Texas State Bar College
`Member, Continuing Legal Education Comm., 2000-04, Civil Pattern Jury Charge Comm., 1983-94, State Bar of Texas
`Life Fellow, Texas and Houston Bar Foundations
`Adjunct Professor, South Texas College of Law, 1983-88
`
`PUBLICATIONS
`
`I’ve written and published about law and technology for more than 35 years. Most of that body of work concerns digital
`evidence, computer forensics and e-discovery. For nine years, I wrote a nationally syndicated column on electronic
`evidence called Ball in Your Court, published by American Lawyer Media, including numerous posts on the defunct site
`EDDUpdate.com (reportedly available on Lexis/Nexis). Additionally, my articles on digital evidence and e-discovery have
`been published by numerous Bar Associations, CLE providers and Bar journals, including the ABA Journal, TRIAL
`magazine and Law Practice. Since August of 2011, I regularly publish on electronic discovery and computer forensics on
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`
`
`2
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`Exhibit A
`Page 2 of 7
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 13 of 17 PageID 62
`my eponymous blog, Ball in Your Court, comprised of ~250 essays through 2024. These essays are not listed below,
`however all of them are freely accessible at ballinyourcourt.com. Additional publications are linked at craigball.com.
`
`Publications within the last 10 years include:
`1. Being the Better Expert Witness: A Primer for Forensic Examiners, Summer 2023
`2. The E-Discovery Workbook Spring 2021, Fall 2021, Spring 2022, Spring 2023, Spring 2024
`3. The Annotated ESI Protocol, Spring 2023
`4. On the Other Side; Upping your Game in Zoom; The Advocate, Fall 2021
`5. E-DISCOVERY: Requesting Parties Must Up their Game in Cybersecurity (Texas Bar Journal 12/20)
`6. Perfect Preservation Letter Guide 2020
`7. Social Media Content and E-Discovery (Texas Bar Journal 5/20)
`8. E-Discovery Workbook (versions twice annually for last nine years)
`9. Processing in E-Discovery: A Primer
`10. Introduction to Digital Data, Computers and Storage (Chapter 4, Essentials of E-Discovery, 2Ed. 2019)
`11. Introduction to Computer Forensics (Chapter 19, Essentials of E-Discovery, 2Ed. 2019)
`12. Competency and Strategy in E-Discovery
`13. Mobile to the Mainstream 2019, 2022
`14. E-Discovery Update 2018/2019
`15. Drafting Forensic Examination Protocols
`16. Getting Critical Information from Tough Locations
`17. Back It Up: Custodian-Directed Preservation of iPhone Data; Practical Law magazine 5/18
`18. E-Discovery Strategies: A Dozen Tips for Requesting and Producing Parties (Texas Bar Journal 3/18)
`19. Exercises in Lexical Search for Electronic Discovery; Georgetown Law
`20. Luddite Lawyer’s Guide to Computer Backup Systems
`21. What Every Lawyer Should Know about E-Discovery
`22. Opportunities and Obstacles: E-Discovery from Mobile Devices
`23. Modern Requests for Forms That Function
`24. Ten Tips for Judges Dealing with E-Discovery
`25. E-Discovery on a Budget
`26. The Luddite Lawyer’s Guide to Digital Forensics
`27. Are You Ready to Respond to IP Theft?
`28. E-Discovery Project Management Checklist (with Browning Marean)
`29. Electronic Discovery and Digital Evidence: Cases and Materials (editor and contributor)
`30. The Case for Native Production, Practical Law magazine
`31. Improving E-Discovery Outcomes with ESI Special Masters; Practical Law magazine
`32. Lawyer’s Guide to Forms of Production
`33. The Plaintiff’s Practical Guide to E-Discovery
`34. E-Discovery and Digital Evidence (Mississippi College of Law 2014)
`35. Musings on Meet & Confer: Ask the Right Questions
`36. Collecting Gmail for Preservation
`37. E-Discovery and Digital Evidence (Pennsylvania Bar Institute)
`38. Nerdy Things Lawyers Should Know About Electronic Evidence (GULC/PBI/NALA)
`39. Effective Preparation for Rule 26(f) Conference
`40. Becoming a Better Witness on Digital Forensics
`41. Musings on Technology Assisted Review
`42. Selected Short Articles About Search in Electronic Discovery
`43. Introduction to Digital Computers, Servers and Storage (2015)
`44. Introduction to Digital Data, Computers and Storage (Chapter 4, Essentials of E-Discovery 2014)
`45. Introduction to Computer Forensics (Chapter 19, Essentials of E-Discovery 2014)
`46. Computer Forensics for Lawyers Who Can’t Set a Digital Clock
`47. Beyond Data About Data: The Litigator’s Guide to Metadata
`48. “Ball in Your Court” April 2005 – July 2013
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`Exhibit A
`Page 3 of 7
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`Case 3:24-md-03114-E Document 13 Filed 08/21/24 Page 14 of 17 PageID 63
`49. Luddite Litigator’s Guide to Databases in E-Discovery
`50. Ten Things That Trouble Judges About E-Discovery
`51. E-Discovery: A Special Master’s Perspective
`52. Surefire Steps to Splendid Search
`53. Preservation of ESI After Layoffs
`54. Geek Speak: A Lawyer’s Guide to the Language of Data Storage and Networking
`55. E-Discovery: Right from the Start – Employment Law Collection
`56. Column for Forensic Focus, August 2011
`57. Meeting the Challenge: E-Mail in Civil Discovery
`58. Six for the Bench (Delaware Judicial Education Seminar)
`59. Column for Forensic Focus, December 2010
`60. E-Discovery: Right…from the Start (Texas Advanced Paralegal Seminar 2010)
`61. Three for the Bench: National Workshop for District Judges, Federal Judicial Center
`62. E-Discovery for Everybody: The Edna Challenge
`63. First Responder’s Guide to Employee Data Theft
`64. Cross-examination of the Computer Forensics Expert
`65. When Do-It-Yourself E-Discovery Isn’t Enough, TRIAL magazine
`66. Piecing Together the E-Discovery Plan, TRIAL magazine
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`References on request.
`Achievement awards and honors on request.
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`Exhibit A
`Page 4 of 7
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`Matters in Which Craig Ball has Served as a Court-Appointed Special Master or Neutral
`or Testified as an Expert or in Connection with Computer Forensics/Electronic Evidence
`
`Meyer v. Brown; Harris County, TX, Judge Baker; (Court’s Neutral)
`In Re: Enron and Arthur Andersen Secs. Litigation; USDC SDTX (Lead Plaintiff’s Counsel’s ESI expert)
`In Re: Tyco Securities Litigation; USDC NH (Lead Plaintiff’s Counsel’s ESI Expert)
`American Express v. Americap; USDC SDTX (Court’s Special Master)
`TXU v. Whittaker et al.; 151st Harris County, TX (Court’s Special Master)
`Miller et al. v. Highland Medical Center; 295th JDC, Harris County, TX (Plaintiff’s Counsel’s Expert)
`Barnes v. Kissner; 190thJDC; Harris County, TX (Court’s Neutral)
`BP Texas City Explosion Litigation, Galveston, TX (Joint Prosecution Group ‘s Expert)
`Chart Industries v. Runyan and Applied Hydrocarbon Systems; USDC SDTX (Plaintiff’s Expert)
`Key Energy v. Crisp; USDC Midland, TX (Plaintiff’s Counsel’s Expert)
`Broussard v. Dunlap; 190th Harris County, TX (Court’s Neutral)
`State Bar of Texas v. [Attorneys Under Investigation]; TX Office of the Disciplinary Counsel
`In Re: Flowserve Securities Litigation; USDC NDTX (Lead Plaintiff’s Counsel’s Expert)
`Grooms v. Montelaro; 295th, Harris County, TX (Court’s Special Master)
`Luk v. Eisner; 11th, Harris County, TX (Defense Counsel’s Expert)
`MJCM, LLC. v. Floyd and Associates. Harris County, TX (Court’s Neutral)
`PowerTrain v. American Honda; USDC NDMS (Hybrid Appointment)
`Shue v USAA et al; Kendall County, TX (Court’s Special Master)
`In Re: Sirna Therapeutics Litigation; USDC NDCA (Defense Counsel’s Expert)
`Yeh v. McDougal; 333rd Harris County, TX (Court’s Neutral)
`Plus Technologia, SA de CV v ACI Worldwide; Pinellas Cty., FL (Plaintiff’s Counsel’s Expert)
`Anadarko Petroleum v. Geosouthern Energy; USDC SDTX (Hybrid/Court’s Neutral)
`ASC v. SCI; Ft. Bend County, TX (Court’s Neutral by Stipulation)
`Katrina Canal Breaches Consolidated Litigation; USDC EDLA (Court’s Neutral)
`Sellar v. Boecker; Harris County, TX (Court’s Neutral)
`In Re: Seroquel Products Liability Litigation; USDC MDFL (Court’s Special Master-ESI)
`Daimler Trucks N.A. LLC v. Younessi; USDC OR (Court's Special Master)
`MDI v. NaphCare; USDC SDMS (Court's Neutral)
`Baker Hughes v. Pathfinder; USDC SDTX (Defense Counsel's Expert)
`Bd. of Comms. of the Port of N.O. v. Lexington Ins. Co. et al.; USDC EDLA (Special Master-ESI)
`Stewa