Peggy Daley

BRG

Chicago www.thinkbrg.com

pdaley@thinkbrg.com Tel: +1 312 429 7950

Biography

Peggy Daley specialises in highprofile investigations and compliance initiatives on behalf of higher education institutions, financial institutions, and healthcare providers and manufacturers. She is a nationally recognised data analytics expert and has led high-profile cybersecurity and trade secret theft investigations. She has testified at regulatory and sanctions hearings and serves as an expert witness in matters relating to fraud, data privacy, data analytics, Telephone Consumer Protection Act (TCPA) compliance and data security.

How has the market changed since you first started practising?

Counsel is much more sophisticated about technology and it is no longer a badge of honour to claim that they are not. Issues relating to data privacy are now a primary concern in most of my matters even in cases that do not arise out of alleged violations of data privacy laws.

What’s the most interesting case you’ve worked on to date?

It’s a tie between the Lehman Brothers bankruptcy investigation on behalf of the examiner or the Bernie Madoff Ponzi scheme. It is fascinating to peel the onion and discover the genesis, scope and impact of complex financial frauds.

How does your background as a corporate defence and litigation lawyer enhance the skills you bring to your role as an expert?

I understand how lawyers think, and their ongoing need to discover and apply facts that are necessary to establish causes of actions and defences. The best lawyers are working on their opening statements on day two of a case and adjusting it as discovery rolls out. I “get” the big picture, not just my expert role and often make strategy suggestions that a non-lawyer wouldn’t know to suggest.

How has the shift to virtual working following the coronavirus pandemic affected digital forensics?

It has been less of a change than one would think since so many of our clients have switched their networks to the cloud meaning we were able to conduct a lot of work from our secured home offices.

Our forensic technologists were a bit lonely in our physical labs during the worst of the pandemic as computer forensics on laptops and phones remains a manual process, but our team switched to remote working without any hiccups.

How can clients ensure they are prepared to meet the high levels of expectations from regulators concerning operational resilience and robust compliance programmes in firms where remote working is prevalent?

Network security requires ongoing vigilance. This is true whether the workforce is home or in the office, but remote working poses additional risks. Obtaining outside network security audits from reputable technology firms is critical and being able to certify that security standards are met goes a long way with regulators. Breaches can happen to the most vigilant company but they’re almost guaranteed when lesser standards are applied.

What qualities make for a successful digital forensic expert?

Our clients’ emergencies are our emergencies. We’re typically brought in during periods of crisis. This requires a particular set of skills that include patience, precision, efficiency, decisiveness, urgency and expectation management.

What underrated skills would you encourage the next generation of digital forensic experts to develop?

It’s not underrated but underdeveloped – writing. Many technologists have great technical experience, but they struggle to write cogent reports that can be used by counsel in adversarial proceedings. Written reports and oral testimony are our ultimate deliverable and too little time is spent developing those skills. It’s difficult as technology is always changing so continuing education on that score is mission critical but if you can’t communicate effectively and persuasively, you’re doing the client a disservice.

What would like to achieve that you have not yet accomplished?

I’ve been extraordinarily fortunate and my personal career goals have been met. Of course, I want to keep working with brilliant lawyers on challenging cases, but my main goal now is to see the professional careers of my team members flourish. I hope I’m working for them some day.

Peers and clients say: “She is incredible to work with – totally devoted to the client” “She will work all night, call in any resource, do whatever she can to accommodate whatever the case needs” “She has incredible judgment and the excellent ability to pull together and manage a team”