A TECHNOLOGY LITIGATION
Skill. Expertise. Delivered.
From the beginning, our Firm has been laser-focused on litigating technologically complex cases. From the first moment meeting with a new client, we're focused on how we can use our unique blend of technical expertise and courtroom skill to achieve the best possible outcome in every matter. This focus informs our approach at every stage of the litigation, from pre-suit negotiations to motion practice and through closing argument at trial.
The Firm's principal, Joshua J. Horowitz, Esq. has achieved extraordinary results in some of the most complex and difficult matters, owing to his acute legal acumen, courtroom skill, and winning litigation strategies. In recognition of his achievements, he was named a Top 40 under 40 criminal defense lawyer by The National Trial Lawyers for 2023.
He is also a member of the Criminal Justice Act panels for the United States District Courts in the Southern and Eastern Districts of New York, where he routinely represents individuals charged with Racketeering (RICO), money laundering, international narcotics trafficking, computer fraud, wire fraud, and other federal crimes. This honor is reserved for lawyers who have demonstrated the highest competence in all aspects of federal criminal practice, including the Federal Rules of Criminal Procedure, the United States Sentencing Guidelines, Federal Rules of Evidence, and all aspects of federal criminal trial practice.
In addition to being a skilled trial lawyer, Mr. Horowitz has been qualified as an expert in federal courts around the United States in cybersecurity forensics and computer forensics and has litigated some of the most technologically complex cases of the modern era. We are highly skilled and thorough in our analysis and have in-house expertise in some of the most advanced computer forensic techniques and software, which serves our clients well in all matters.
The firm also has a track record of success in commercial litigation, Internet defamation matters, and appeals.
People v. S – New York County Supreme Court, Criminal Term (January 2023) – Represented young woman with no criminal record in connection with very serious motor vehicle accident in Manhattan. (NY Post article describing accident here). Client arrested and charged with two counts of First Degree Vehicular Assault, Driving While Intoxicated, and other related offenses. Despite client's lack of criminal record, prosecution initially recommending 1.5 - 4 years state prison time.
Through Mr. Horowitz's meticulous investigation, forceful motion practice, and skillful utilization of expert witnesses, he was able to persuade the District Attorney's office that their expert forensic toxicologist's testimony relying on "retrograde extrapolation" to prove client's blood alcohol content, ("BAC") at the time of the accident was deeply flawed, and that they could not prove their case beyond a reasonable doubt. The client was ultimately offered a plea to a traffic infraction, (legal equivalent of a speeding ticket) to resolve the matter, preserving her life and career.
Matter of Dericco v. M – First Department Appellate Division, New York Supreme Court (October 20, 2022) – In representation of Defendants in civil Internet defamation action, obtained reversal of lower court's denial of Defendants' motion to dismiss, resulting in complete dismissal of the Plaintiffs' claims on appeal.
The First Department's reversal and dismissal of claims predicated on lower court's misapprehension of First Amendment legal principles to Internet speech. Mr. Horowitz successfully identified the lower court's legal error and in forceful legal briefing persuaded the First Department to reverse and dismiss. The First Department's decision is available here. A New York Law Journal article about the matter is available here.
Commonwealth v. I-Dean F. – Court of Common Pleas, Philadelphia, PA (December 16, 2019) – Total acquittal on Third Degree Murder and related weapons charges. Mr. Horowitz was retained as co-counsel to focus specifically on cell phone forensic and call detail record (CDR) data critical to the prosecution’s case. Mr. Horowitz’s focused cross-examination of the prosecution’s cell phone expert witnesses highlighted exculpatory information buried in thousands of pages of Call Detail Records and undermined the reliability of the prosecution’s cell phone forensic evidence.
Through Mr. Horowitz’s meticulous analysis of call detail records and cell phone forensic data, his cross-examination at trial demonstrated that the Police Department’s failure to follow basic principles of forensic cell phone acquisition and analysis resulted in unreliable data, forcing a prosecution expert witness to admit on cross-examination that “the contents of the [text message database file] was modified sometime after the cell phone was taken into police custody.”
The Jury acquitted on all counts, including Murder in the Third Degree.
Other Notable Cases
United States v. Noor Salman
United States District Court
Middle District of Florida
Historic acquittal of Noor Salman, which the New York Times called "the rarest of defeats" for federal prosecutors. Ms. Salman was charged with aiding and abetting the horrific Pulse Nightclub Shooting.
The firm’s principal, Joshua J. Horowitz, Esq. was retained as an expert by the defense to analyze multiple forensic images of computers, cell phones and other electronic devices and records. Mr. Horowitz was qualified as an expert in cyber forensics and demonstrated to the jury the falsity of the following statement:
Mr. Horowitz distilled several terabytes of computer forensic evidence from multiple electronic devices and hundreds of thousands of pages of electronic records into a concise, understandable and compelling presentation to the jury.
His analysis of the server logs for the Pulse Nightclub web server and other available electronic records and evidence demonstrated that no electronic devices seized by the government had accessed the Pulse Nightclub web server.
Ms. Salman was acquitted of all charges,
the only ever full acquittal in a case involving a domestic terrorism charge.
United States v. Ulbricht (Silk Road)
United States District Court
Southern District of New York
In a case of first impression, the firm’s principal, Joshua J. Horowitz, Esq. was retained as co-counsel to analyze multiple terabytes of computer forensic data seized from servers and computers around the globe.
The case involved allegations of an international narcotics trafficking conspiracy carried out via the dark web and utilizing cryptocurrency as a method of payment.
Based on his extensive review of the forensic data in the case, Mr. Horowitz submitted an 18-page declaration poking holes in the FBI’s assertions of how they discovered the initial Silk Road server located in an Icelandic data center.
The Horowitz Declaration withstood the scrutiny of computer experts worldwide who were closely following the Silk Road case. TechCrunch’s coverage of the case described Mr. Horowitz’s combined litigation and technical expertise as “a rare skill for those in the legal profession.”
As an example of Mr. Horowitz's demonstrated expertise in litigating technologically complex cases, read the Horowitz Declaration below: