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Thomas Day


THOMAS A. DAY is a software developer who provides expertise to attorneys in intellectual property matters, computer forensics, and the management of electronic evidence. He has thirty-six years’ experience in the computer industry, where as a developer he has contributed to advanced technologies widely in use today, and as an expert has played a central role in litigating patents and resolving forensics matters of sometimes international significance with record, multi-billion-dollar awards. Mr. Day began his career managing corporations in the surveillance satellite and defense aerospace businesses. He then became a freelance code developer, specializing in very-large architecture problems in the civil nuclear and disaster management arenas. Over the years, with his background both as a practitioner and an executive, he formed long-term relationships with public- and private-sector clients needing strategic, legal, and managerial guidance as much as product development. He has been called upon by parties engaged in civil and sometimes criminal disputes to serve as a consulting, managing, and, where necessary, testifying expert in several hundred matters at both the state and federal levels, before courts, arbitrators, and juries. As with his software business, he has increasingly found himself called upon to provide strategic as well as procedural guidance to legal teams new to intellectual property litigation, or new to the increasingly fraught problem of electronic discovery, with its many traps and opportunities surrounding over- and under-production, technological obfuscation, and spoliation, all in an environment where neither the courts nor the rules of civil procedure have kept up. He also consults to law firms themselves on questions of professional conduct, ediscovery, and technological best practices opened up by emerging technologies. The intellectual property cases Mr. Day lends his expertise to include patent infringement, copyright infringement, trade secret misappropriation and clean room management. He also provides software failure analysis and expertise in software licensing disputes. While his patent and copyright cases include many of the complex technology disputes familiar to any newspaper reader today, he has addressed the same issues and litigation strategies in matters as diverse as chicken-cutting machinery, railroad crossing fatalities, brokerage business methods, bridal Web site design, and golf resort tee scheduling. His computer forensics cases include civil, criminal, or employee conduct issues where questions of access, possession, timing or intent arise. Often these are cases involving employee raiding or the illicit acquisition of customer databases, contracts, and trade secrets, but may include any matter where the provenance and authenticity of electronic evidence is at issue. Mr. Day’s non-litigation-specific services include security audits, the development of email and document retention policies, and the training of client and legal staff on litigation holds and the proper handling of electronic evidence, areas that have become exponentially more problematic as the actual physical location, access, and possession of data have become less clear. Mr. Day is also a successful novelist, commercial pilot, pianist and equestrian jumper.