EXPERT WITNESS

Expert Witness: When the Website Is the Evidence.

Forensic site analysis, standard of care opinions, and written expert reports for web development, SEO, and accessibility disputes. North Jersey and nationwide. Plaintiff or defense.

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PRACTICE AREAS

Six Kinds of Cases I Am Retained For

Every one of them turns on a question a practitioner can answer and a generalist cannot: what a competent web shop would actually have done.

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Failed Builds and Development Disputes

The agency walked. The site never launched. The invoice says one thing and the scope of work says another. I read the contract, the change orders, the repository history, and whatever actually shipped, then give you an opinion on whether the work met the standard of care and what it costs to finish.

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Website Accessibility, ADA and NJ LAD

Federal website accessibility filings reached 3,117 in 2025, up 27 percent over the prior year. On either side, I test against WCAG 2.1 AA using the same tooling the complaint was built on, separate real barriers from automated scanner noise, and document what remediation genuinely requires.

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SEO and Digital Marketing Fraud

Retainers billed for work never performed. Ranking reports built from phrases nobody searches. Traffic that came from bots. Manual actions earned by link schemes the client never approved. I reconstruct what was delivered and set it against what was sold.

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Domain, Hosting and Asset Ownership

Who owns the domain, the code, the content, and the analytics history. What the host was obligated to do before the breach. Whether a backup existed and whether anyone ever tested it. These cases live in registrar records, DNS history, and server logs, and most of that is still recoverable.

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Site Forensics and Historical Reconstruction

What did the page say on the day it mattered. I rebuild prior states of a website from archive captures, commit history, CMS revisions, and cached copies, then document the chain of custody so the reconstruction itself holds up on cross.

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Damages and Cost to Complete

A defensible number, built from line items rather than a percentage. Current market rates for the work remaining, the cost of the rebuild that was actually required, revenue attributable to downtime or a search penalty, and the fees paid for deliverables that carried no value.

QUALIFICATION

Most Web Experts Have Never Run a Web Shop. I Have.

The expert on the other side is often an academic, a consultant, or a generalist who has read the standard but has never had to meet it on a fixed budget with a client on the phone. I have been quoting, scoping, building, hosting, and repairing small business websites since 2004, with roughly 35 sites under management at any given time. I know what a reasonable agency does, because I run one.

That distinction carries weight in New Jersey. Under N.J.R.E. 703 and the net opinion rule, a conclusion offered without its why and wherefore gets struck, and In re Accutane put Daubert reliability factors squarely in front of civil experts here. So every opinion I write traces back to something a court can inspect.

What that looks like in practice:

  • A practitioner, not a theorist. Live client work, current stack, current prices, this quarter.
  • Every opinion anchored to an artifact. A commit, a capture, a log line, a scanner output, an invoice. Nothing rests on my say-so.
  • Plain English for the jury, full method for the hearing. Two registers, one set of facts.
  • Straight answers early. If the record does not support the opinion you need, you hear it before you pay for a report.

Findings you can hand a judge.

Law firm website design →

About Live Web Studios →

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HOW IT RUNS

Five Stages, In Order

Most matters stop at stage three, which is usually the right outcome for your client.

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    Conflict Check and Scope

    A short call. The parties, the posture, and the question you need answered. I disclose prior engagements and testimony history at this stage. No charge.

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    Retainer and Document Review

    Pleadings, the contract and change orders, invoices, and whatever discovery you already hold. Access to the repository, hosting, CMS, or analytics where it still exists.

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    Preliminary Findings

    A verbal summary or a short memo before anyone commits to a formal report. You learn what the record supports while it is still cheap to change course.

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    Expert Report

    Written to N.J. Ct. R. 4:17-4(e) or Fed. R. Civ. P. 26(a)(2)(B): qualifications, materials relied on, methodology, opinions, and exhibits that reproduce the underlying evidence.

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    Deposition and Trial

    Rebuttal of the opposing expert, technical preparation for your deposition of them, and testimony. Remote or in person.

BILLING

How Billing Works

Structure here, numbers in the engagement letter. Current rates and a full CV go out with it.

  • Conflict check and scope call. No charge, no retainer, no obligation.
  • Retainer. Required before document review begins, applied against hours worked and replenished as it draws down.
  • Hourly. Case review, research, analysis, site testing, and report preparation.
  • Half day and full day. Deposition and trial testimony, portal to portal, committed once the date is set.
  • Expedited. Work compressed into a short discovery window carries a premium. Tell me the end date on the first call.
  • Travel and expenses. At cost, with receipts.

Ask for the rate sheet. It goes out the same day.

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BACKGROUND

Twenty-Three Years of the Work Itself

Practice

Owner of Live Web Studios, Saddle Brook, New Jersey, established 2004. Roughly 35 client websites under active management across design, development, hosting, and search.

Technical Range

WordPress and WooCommerce, static and headless architectures, VPS and edge hosting, DNS and registrar administration, GA4 and Search Console, WCAG 2.1 AA auditing and remediation.

Sectors Served

Construction, architecture, trades, logistics, healthcare, insurance, real estate, and professional services. The same small business defendants and plaintiffs these disputes tend to involve.

QUESTIONS

What Attorneys Ask First

Both, and I take whichever side the record supports. A fair share of my calls come from the defense, where a small business is being told its website was worth a fraction of what it was billed.

The complaint or answer, the contract and any change orders, the invoices, and whatever access still exists to the repository, the hosting account, the CMS, or the analytics property. When access is gone, archive captures and server logs usually carry the matter.

Yes. Rebuttal reports and technical preparation for your deposition of the opposing expert are a regular part of the work, and they are frequently the least expensive way to move a case.

Two to three weeks for a typical matter once the materials are in hand. Compressed timelines are possible at an expedited rate. Give me the discovery end date on the first call and I will tell you plainly whether it is achievable.

Yes. Document review, site testing, and report preparation are remote by nature, and I travel for deposition and trial.

You hear it from me before you pay for a report. An expert who only ever agrees with the party who retained him is a liability the moment he is sworn in.

Tell me about the matter.

A conflict check takes one call. Bring the complaint and the contract.