Expert Witness Services
When the case hinges on backup and recovery technology
I’ve provided expert testimony in federal class action, insurance coverage disputes, patent litigation, and B2B contract disputes. Attorneys retain me because I explain complex data protection technology clearly — to judges and juries alike.
What Attorneys Say
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"W. Curtis Preston brought exactly what you want in an expert witness: deep technical knowledge and the integrity to follow the evidence wherever it leads. In a case involving serious data loss allegations, he didn't shy away from the complexity; he analyzed the facts objectively, explained them clearly, and stood firmly behind his conclusions. His analysis was very helpful in achieving a successful outcome for our client, and I would not hesitate to recommend him to any attorney who needs an expert who will tell the truth, even when it's hard."
Recent Client
Marcus & Shapira LLP
Case History
Four Engagements. Four Favorable Outcomes.
My expert witness work spans federal class action, insurance coverage disputes, patent litigation, and commercial contract disputes.
Federal Class Action
Consulting expert in federal class action litigation against Rackspace concerning enterprise data loss and ransomware incident response, analyzing adherence to industry best practices. (Attorneys Cole & Van Note)
✓ Retained · Class certification denied$17M Insurance Coverage Dispute
Expert deposition testimony in Infogroup v. Phoenix Insurance (Case 1:13cv5 – IASD), examining technical evidence against specific judicial criteria.
✓ Defendant prevailedPatent Litigation
Technical expert in RealTime v. Code42 (Case 1:17-cv-02479-KLM), analyzing prior art and providing deposition testimony on data protection technology claims.
✓ Defendant prevailedB2B Contract Dispute — Data Loss Claim
Consulting expert retained by defendant in American Capital Enterprises, Inc. v. Evocative, Inc. (Case 23SMCV05548 — Los Angeles Superior Court). Reviewed contracts and depositions to confirm defendant met their MSA terms and acted per industry standards. Also advised on a spoliation issue.
✓ Resolved in favor of defendantQualifications
Why Curtis
Published Authority
Five O'Reilly books — courts recognize the credibility of published experts.
Vendor-Independent
No commercial relationships that create bias — I follow the evidence, not a client list.
30 Years Hands-On
Deep practitioner experience across every major backup platform and architecture.
Clear Communicator
I explain complex technical concepts in plain language — to judges, juries, and opposing counsel.
For Attorneys
What to Expect When You Retain Curtis
I work efficiently, communicate clearly, and give you my honest assessment — even if it’s not what you want to hear.
01 — Initial Case Review
I review the case materials and give you an honest assessment of whether the technical facts support your position.
02 — Expert Report
A clear, well-documented technical report that can withstand opposing scrutiny — written in plain language.
03 — Deposition Testimony
I hold my ground under cross-examination. Thirty years of explaining technical concepts to non-technical audiences is good preparation.
04 — Trial Support
Available for trial testimony, courtroom support, and real-time technical analysis as the case develops.
Need a data protection expert for your case?
Let’s start with a confidential case review. I’ll tell you honestly whether the technical facts support your position.