AI, Software Digital Forensics, Privacy, BIPA, IPR

Specialties & Experience of this Expert Witness

Additional Information

Mr. Winters is a nationally recognized expert witness in AI, software, cybersecurity, biometric privacy, cryptocurrency and forensic data extraction. He offers a rare dual-role capability: both as a testifying expert and as a forensic consultant using court-admissible tools to extract and analyze digital evidence from over 31,000 devices. This integrated approach can reduce litigation costs and streamline case strategy, especially in technology-heavy matters. With over 30 years of experience, Mr. Winters has been retained in complex cases involving software architecture, AI, source code analysis, social media forensics, patent infringement, IPR, and Illinois' Biometric Information Privacy Act (BIPA). He holds patents in artificial intelligence and is a pioneer in speech and facial recognition systems, having built early voice-based AI systems adopted by Microsoft, Apple, Boeing, Honeywell and the U.S. Air Force Research Lab. He has successfully testified and been deposed in federal and state courts, including class actions and high-stakes intellectual property disputes. Mr. Winters holds a Master's in Software Engineering from Carnegie Mellon University (CMU) and has served on the graduate faculty at both CMU and BYU-Hawaii. He also served as Director of Advanced Development at Novell, leading the company's innovation in networking and content security technologies. As a licensed user of Oxygen Forensic Detective, Mr. Winters can provide advanced data extraction, cross-device timeline reconstruction, and social media account analysis across platforms such as WhatsApp, Facebook, iCloud, Instagram, TikTok, YouTube and more. He is also a subject-matter expert in ESI protocol development and claim construction for IP cases. In recent matters, Mr. Winters has:
- Extracted encrypted mobile and cloud evidence to support biometric privacy and fraud cases.
- Advised on AI-generated output risks in patent analysis.
- Conducted code review and source audit for trade secret claims.
- Rebutted the application of Viola-Jones as a way to bypass BIPA's applicability.
- Applied Speech and Facial Recognition technologies and features using OpenCV, DLIB, CMU Sphinx as well as internally developed proprietary technologies.
- Helped attorneys craft litigation-hold letters and data preservation plans that avoid spoliation claims.
- Provided expert assistance, research and opinions on the cryptocurrency industry. Mr. Winters is particularly effective in helping counsel translate highly technical software, AI, and digital privacy / biometric concepts into plain English for judges and juries. He is based in Utah and New Hampshire and is available nationwide.