David Kalat

David Kalat is a professional investigator and a testifying expert in information science and electronic evidence. His work includes digital forensics, data analytics, and information security.

Mr. Kalat has been qualified as an expert in electronic evidence and digital forensics in civil and criminal matters in state and US federal courts. He has testified in bench and jury trials, class certification hearings, arbitrations, preliminary injunction hearings, and spoliation disputes. He testifies often in putative class actions involving data privacy laws, such as the Telephone Consumer Protection Act (TCPA), Biometric Information Privacy Act (BIPA), Fair Credit Reporting Act (FCRA), and Computer Fraud and Abuse Act. He has given evidence regarding technical aspects of automatic telephone dialers, biometric authentication systems, video surveillance systems, and relational database design.

Mr. Kalat is a Certified Fraud Examiner (CFE), Certified Computer Examiner (CCE), Certified Information Systems Security Professional (CISSP), Certified Telecommunications Analyst (CTA), licensed private detective, and nonfiction author. His monthly series for LegalTech News, “Nervous System,” approaches issues of data privacy and cybersecurity from the context of history—to look to the past for clues about how to interpret the present and prepare for the future. His article on the history of the TCPA’s autodialer definition, “How to Recognize Different Types of Dialers From Quite a Long Way Away,” published in The Consumer Finance Law Quarterly Report, was cited in the judicial opinion denying class certification in Meier v. Allied Interstate (S.D. Calif., 2020).