Seamus E. Byrne

Current Practice

Seamus E. Byrne is an Australian Information Lawyer and Computer Forensics Expert.

Experience

Computer Forensics
Seamus has extensive experience in the computer forensic investigation of matters pertaining to corporate fraud and financial crime, intellectual property (IP) theft and contractual disputes. This has included assisting investigations of liquidators, law enforcement and regulatory bodies.

E-Discovery
Seamus has advised and successfully managed the discovery of electronic evidence for several high-profile, complex and 'bet the company' litigation matters across Australia, Singapore and the United States, representing a number of S&P/ASX 200 and blue-chip international clients.

Information Management Compliance
Seamus regularly performs information asset reviews for clients in the mining, oil and gas and retail industries to identify and secure the valuable information assets that underpin their business success. Seamus has successfully contained several high-profile data breach incidents across the information technology and retail industries.

Seamus is the only practising lawyer in Australia to attain the CCE or EnCE qualifications. He has previously been engaged as Executive Counsel for a significant, privately-held group of worldwide companies with diverse interests in mobile technology, online gaming, online banking, oil and mining.

Expert Witness

Seamus has provided computer forensic and e-discovery expert opinion and testimony in matters to a Federal Court level in Australia and High Court level in Singapore and South Africa. A sample of recent cases in which Seamus' expert witness opinion or testimony was presented to the Courts appears below.

• Metropolitan Health Corporate (Pty) Ltd v Neil Harvey and Associates (Pty) Ltd & Anor [2011] ZAWCHC 358 (High Court of South Africa, Western Cape)
• Sand Excavation v Nahas Constructions [2011] NSWSC 184 (Supreme Court of New South Wales)
• Menkens & Anor v Wintour & Anor [2011] QSC 7 (Supreme Court of Queensland)
• Tjiong & Anor v Tjiong [2010] NSWSC 578 (Supreme Court of New South Wales)
• Crédit Industriel et Commercial v Teo [2010] 3 SLR 1149 (High Court of Singapore)

Legal Admission

Seamus is admitted to practice law as a Solicitor and Barrister to the Supreme Court of New South Wales, Federal Court of Australia and High Court of Australia.

Professional Qualifications

• Certified Information Systems Security Professional (CISSP)
• Certified Computer Examiner (CCE)
• EnCase Certified Examiner (EnCE)
• Microsoft Certified Professional (MCP)
• CompTIA Security+ Certified Professional
• IPRO Certified eCapture Administrator (ICECA)
• FTI Ringtail Certified Technician (RCT)

Professional Activities

International

• High Technology Crime Investigation Association (HTCIA)
• International Information Systems Security Certification Consortium (ISC)2
  • Journal Review Committee (2007)
• International Society of Forensic Computer Examiners (ISFCE)

Asia-Pacific

• Australian and New Zealand Forensic Science Society (ANZFSS)
• Bond University Centre for Forensic Excellence
• Institute for Information Management (IIM)
• Law Council of Australia (LCA)
• Law Society of New South Wales
  • Legal Technology Committee (2008-2010)
• Society for Computers and the Law

Speeches

2011

• "Understanding Cybercrime",
  Faculty of Law, Bond University, 23 November 2011
• "Understanding Cybercrime",
  Faculty of Law, Bond University, 19 July 2011
  
• "E-Discovery and the Law - What is the Record?",
  National Archives of Australia, Canberra, ACT, 31 May 2011
• "Introduction to Computer Forensics - In Theory and Practice",
  Centre for Forensic Excellence, Bond University, 29 March 2011
• "E-Discovery and FOI Workshops",
  HP TRIM User Forum 24 (TUF 24), Canberra, ACT, 8-9 March 2011
• "Introduction to Electronic Evidence for Investigators",
  18th Annual Training Seminar for the Australasian Branch of the International Association of Auto Theft Investigators, Melbourne, 7 March 2011
• "Discovery of Electronic Evidence",
  Law Institute of Victoria, Melbourne, 1 March 2011

2010

• "Not Just EU Privacy: A Global View on International E-Discovery",
  Georgetown Advanced E-Discovery Institute, Washington D.C., 18-19 November 2010
• "Digital Forensic Investigations",
  MgDelxis, Singapore, 18-19 October 2010
• "Too Much Information? Information Governance in the 21st Century",
  GMA Evening, Melbourne, Victoria, 13 October 2010
• "1/2 Day E-Discovery Hypotheticals Workshop",
  IIM, Perth, 6 August 2010
• "E-Discovery - Where Information Management and Litigation Meet",
  IIM Breakfast, Perth, 6 August 2010
• "E-Discovery - Where Information Management and Litigation Meet",
  IIM Breakfast, Melbourne, Victoria, 27 April 2010
• "Digital Crime and Evidence",
  Faculty of Law, Bond University, 1 April 2010
• "Introduction to Computer Forensics - In Theory and Practice",
  Centre for Forensic Excellence, Bond University, 16 March 2010

2009

• "E-Discovery Keynote - What Every CIO Needs To Know",
  HP Luncheon, Singapore, 17 November 2009
• "Understanding E-Discovery for In-House Counsel",
  College of Law, Sydney, New South Wales, 23 October 2009
• "E-Discovery Business Luncheon",
  Trans-Tasman Business Circle and IBM, Sydney, 22 October 2009
• "Digital Forensics & E-Discovery Explained",
  LexisNexis e-Discovery and Digital Forensics Conference, Singapore, 21 October 2009
• "E-Discovery Business Luncheon",
  Trans-Tasman Business Circle and IBM, Melbourne, 14 October 2009
• "E-Discovery - Where Information Management and Litigation Meet",
  IIM ACT Branch Conference 2009, Canberra, 7 October 2009
• "E-Discovery Hypotheticals",
  HP Partner Breakfast, Sydney, 7 October 2009
• "E-Discovery Hypotheticals",
  HP Partner Breakfast, Sydney, 18 September 2009
• Conference Chairperson and "The Essential Workshop",
  LexisNexis e-Discovery and Digital Forensics Conference, Hong Kong, 20-21 July 2009
• Hypothetical and Workshop,
  with Browning Marean and George Socha,
  Ark Group E-Discovery Conference, Sydney, 15-17 June 2009
• "International eDiscovery" and "Meeting eDiscovery Challenges",
  with Patrick Burke, Chris Dale and Dominic Jaar,
  CEIC 2009, Orlando, 17 May 2009
• "Introduction to Computer Forensics - In Theory and Practice",
  Centre for Forensic Excellence, Bond University, 8 April 2009
• "Digital Crime and Evidence",
  Faculty of Law, Bond University, 2 April 2009
• "Understanding E-Discovery for Information Professionals",
  HP TRIM User Forum 22 (TUF 22), Sunshine Coast, 25 March 2009
• "E-mail and Your Legal Obligations",
  AustLaw Member Firms, Sydney, 19 March 2009
• "Discovery of Electronic Evidence",
  Law Institute of Victoria, Melbourne, 11 March 2009
• "Technology Lessons from the Bell Group Litigation",
  Legalwise Seminars, Perth, 25 February 2009

2008

• "Digital Evidence, Fraud and Security Platform",
  MgDelxis, Kuala Lumpur, Malaysia, 3-4 November 2008
• "Discovery of Electronic Evidence",
  Law Institute of Victoria, Melbourne, 14 August 2008 (Presentation only)
• "Search Orders, The Independent Solicitor and Independent Computer Expert",
  Legalwise Seminars, Perth, 7 August 2008 (Presentation only)
• "Identification and Collection Methodologies for ESI",
  VSCL Legal Technology Conference, University of Melbourne, 11 July 2008
• "Digital Forensic Investigations Platform",
  MgDelxis, Kuala Lumpur, 8-9 May 2008
• "International E-Discovery",
  CEIC 2008, Las Vegas, 29 April 2008
• "The Primer: Electronic Evidence and E-Discovery",
  Sinch Lawyers Workstation Conference 2008, Sydney, 29 March 2008
• "Computer Crime and Electronic Evidence",
  Faculty of Law, Bond University, 27 March 2008
• "Introduction to Computer Forensics - In Theory and Practice",
  Centre for Forensic Excellence, Bond University, 19 March 2008
• "Search Orders, The Independent Solicitor and Independent Computer Expert",
  Legalwise Seminars, Brisbane, 19 March 2008
• "E-mail and Your Legal Obligations",
  Synetek Systems Keynote, Melbourne, 6 March 2008
• "Your E-mail and the Law",
  Maxus Keynote, Melbourne, 26 February 2008

2007

In 2007, Seamus presented to the Australian Government, Australian Legal IT Forum, Bar Association of Queensland, Bond University, College of Law, Computerlinks, Law Institute of Victoria, Legalwise Seminars, LexisNexis, NSW Young Lawyers, Queensland Law Society and Women in Insurance.

Seamus also delivered over 20 Queensland Law Society accredited CPD seminars on "Computer Forensics and Electronic Disclosure".

Publications

Recent

• "eDiscovery - Discovery of Electronic Evidence",
  LawCPD, 2011
• "Electronic Evidence (Second Edition)",
  Australian Chapter, Co-Authored with Philip Argy and Edited by Stephen Mason,
  Electronic Evidence (2nd Edition), LexisNexis Butterworths, April 2010
• "Electronic Litigation - Principles and Practice",
  LexisNexis Australia, Federal Civil Litigation Precedents, April 2010-
• "The Australian eDiscovery Landscape",
  Guidance Software's Real eDiscovery, Fall 2009
  
• "Electronic Litigation - Principles and Practice",
  LexisNexis Australia, Federal Civil Litigation Precedents, April 2009-
• "Guide to the Federal Court of Australia's Revised Practice Note 17",
  ALSP Update, April 2009 and Image & Data Manager (IDM), March/April 2009 (Abridged)
• "The Electronic Discovery Primer",
  Singapore Law Gazette, March 2009
• "Visual Guide to the Federal Court of Australia's Revised Practice Note 17",
  February 2009
• "The Ten Commandments of E-Discovery",
  Image & Data Manager (IDM), January/February 2009
• "Corporate E-Discovery - Dealing with Enterprise Content Management, Archival and Search Systems",
  ALSP Update, December 2008
• "Introduction to Litigation and Discovery Laws in Eastern Asia",
  ALSP Update, September 2008
• "Practice Note Update: Search (Anton Piller) Orders in the Federal Court",
  The Australian Corporate Lawyer, March 2008
• "Electronic Discovery (E-Discovery) - In Pursuit of Relevance",
  Hearsay, December 2007
• "Electronically Stored Information (ESI) and Privilege (Part 2)",
  Submission to ALRC Discussion Paper 73, Referenced in ALRC Report 107
• "Practice Direction Update: Search (Anton Piller) Orders in Queensland",
  Proctor, October 2007
• "Controlling the flow",
  Lawyers Weekly, 31 August 2007
• "Time Travel with Computer Forensics",
  Hearsay, August 2007
• "Electronically Stored Information (ESI) and Privilege",
  Submission to ALRC Issues Paper 33, Client Legal Privilege and Federal Investigatory Bodies

Media Commentary

• "'Every touch leaves a trace': how Google helped track bomb hoax suspect",
  The Sydney Morning Herald, 17 August 2011
  
• "Cybercrime",
  Life On Line, 30 April 2009
• "End of paper chase: Federal Court unveils e-discovery rules",
  Australian IT, The Australian, 3 March 2009
  
• "Facebook features as long arm of the law",
  The World Today, ABC Radio, 16 December 2008
  
• "Australia OKs Facebook for serving lien notice",
  The Associated Press (AP), 16 December 2008
  
• "Court finalises e-discovery rules",
  Australian IT, The Australian, 16 October 2007
  
• "Utimaco and Guidance Software Team Up on Forensic Investigations of Encrypted Data",
  Computerlinks PR, 18 July 2007
  

Blog

In Pursuit of Relevance

Professional Training

• Expert Opinion Services (Unisearch) and IIFS Expert Witness Training
• EnCase Field Intelligence and Enterprise Live Forensics
• EnCase Advanced Computer Forensics
• EnCase Intermediate Analysis and Reporting
• Kroll Ontrack ESI Technology Certificate
• MicroSystemation .XRY Mobile Phone Forensics
• NUIX Forensic Desktop (fbi) Basic and Advanced
• Using Splunk and Searching and Reporting with Splunk
• The Sedona Conference E-Discovery Dispute Resolution Program for
  Special Masters & Mediators

Educational Background

• Certificate III in Investigative Services
• Certificate IV in Government (Investigation)
• Certificate IV in Government (Fraud Control)
• Bachelor of Laws (LL.B), Bond University
• Graduate Diploma in Legal Practice (GradDip.LegPrac), College of Law

While in law school, Seamus won numerous awards including the prestigious Allens Arthur Robinson annual prize for Information Technology and the Law.

He taught various Internet and technology related courses during his undergraduate program and continues to guest lecture at both an undergraduate and postgraduate level.

He also provided assistance for an Oxford University Press publication on Internet and E-Commerce Law.

Interests

Seamus enjoys surfing and learning about other cultures. He also has a continuing interest in outer-space law, including commercial space activities and ownership issues.