Overview

Mr. Ferguson is a Managing Director in the Los Angeles office. He is a nationally recognized expert in the areas of electronic discovery and structured data, including the acquisition, management and analysis of transactional, financial and operational data. He is responsible for all activities with respect to risk and compliance program consulting, information governance, complex data analytics and electronic discovery services offerings.

Mr. Ferguson has provided advisory services to corporations and governments regarding all aspects of criminal and regulatory enforcement matters, including Anti-Money Laundering (AML). In addition, he provided proactive fraud risk assessment and compliance services with respect to whistleblower, ethics and integrity programs, Money Laundering and OFAC regulations, the FCPA, and environmental regulations, including:

  • Review, design and implementation of anti-fraud controls and integrity programs
  • Third Party Due Diligence, Compliance, and monitoring program review, design, and implementation
  • Internal audit support for fraud controls and detection strategies

His technical and program management expertise includes transactional database design and management, complex data modeling, electronic discovery and discovery management, client-server and multi-tiered database design and implementation, process mapping and engineering, large-scale data conversion, process driven custom software development and implementation, claims management and administration, and document imaging systems. Mr. Ferguson is an expert in identifying and compiling from disparate systems the requisite data required to perform the pertinent analysis, as well as provide the profiling and statistical techniques such as aggregation, decomposition and stratification.

His litigation experience includes supporting and giving expert witness testimony, implementing statistical sampling, preparing attorney work product and providing trial exhibit compilations, and developing data and other document retrieval systems. He has served clients across numerous industries, including pharmaceutical, manufacturing, entertainment, government, healthcare, financial, and consumer products.

Experience +

Testimony

Council for Education and Research on Toxics, et al. v. Starbucks Corporation et al., declaration. Identify the effort necessary to establish cost and burden imposed by proposed preservation order.

Michele Daniel, v. Tesoro Refining and Marketing Company; Mike DePasquale; Scott Gooden and DOES 1-50, et al., declaration. Understand and review IT infrastructure, as well as determine availability of potentially relevant information from company’s software and computer systems.

L. Bradley Schwartz and Catherine Schwartz v. Evanston Northwestern Healthcare Corp., d/b/a Glenbrook Hospital et al., Court presentation. Evaluated the searchability and functional usage related to the production of documents. Understand and review IT infrastructure, as well as determine availability of potentially relevant information from company’s software and database systems.

Select Consulting Experience

Created operational integration guide for public pharmaceutical company to use during a merger, acquisition, or divestiture. The playbook facilitated a structured approach to integrating newly acquired companies, providing reusable tools and templates to support integration activities.

Transparency program development and implementation related to Open Payments Compliance, including data analytics and business tool development for report testing, data cleansing and support management. Provided initial data validation reviews, monitoring and dispute resolution.

Forensic and due diligence review of Mortgage-Backed Securities (MBS) and their underlying assets. Using the originator’s original underwriting guidelines and the origination loan file information, perform an in-depth loan level and pool level analysis to determine the validity of the loans prior to the contract execution, as well as whether a breach of a representation or warrant occurred. Assessed accuracy of the master tape information to the loan approval and file documentation, noting external review of occupancy data, making determinations about the overall reasonableness of the loan considering compensating factors, assessing various subcategories such as occupancy, compliance information, and noted both major and minor deficiencies. Evaluated the specific loans compared to underwriting guidelines and securitization documentation.

One of the largest online retailing portals, housing the sixth largest data warehouse in the world, was being sued for alleged breach of contract. The project involved the online retailer and the multinational toy company for which it provides technology and order-fulfillment services. The Data Analytics team acquired, manipulated, stored and analyzed nearly six years of financial and sales data in a data warehouse, allowing the team to successfully mine the data to determine whether an exclusivity provision was breached pursuant to the contract terms.

Provided business consulting expertise related to the global implementation of an Enterprise Resource Planning (“ERP”) solution for a multi-national entertainment company. Process included all stages of an application integration workflow, including but not limited to process workflows, expected timelines, and system requirements. Overall scope included business requirement and scope definition, system requirements and initial solution design, detailed design and development, system testing and user access training, all of which was tied to a project tracking and collaboration work plan and budget.

A large complex banking organization engaged in providing correspondent banking services to foreign financial institutions contracted us for the monitoring and surveillance of potential money laundering activity across customers, accounts and external entities related to its correspondent and corporate banking business, with a strong focus on the US-based activities. It included the analysis of large transactional data sets (totaling more than 100 million records), including international and domestic banking and wiring platforms as well as email. We assisted the client with data availability and integrity issues related to regulatory reporting and record keeping. The project included the development of rules-based and statistical analyses against historical transactional activity to cull and pattern potentially suspicious behavior and the development for controlling the ongoing monitoring of suspicious activity.

Created and implemented a complex data analytic solution within the Internal Audit management execution process. Integrated the use of sophisticated analytical tools to acquire, migrate and analyze large transactional and operation data sets within the Control Objectives for Information and related Technology (COBIT) framework. This process addressed the key objectives of focusing on areas of high risk, high exposure and the detection of fraud. This allowed the traditional internal audit function to address additional areas of concern, extend the scope of each audit, create a deterrent and address legal issues.

Designed, developed, and implemented a legal defense expense database application. The system tracked invoice data submitted by outside counsel and litigation support vendors, and based on submissions to insurance carriers, calculated amounts paid, denied, and deferred.

Designed, developed and implemented an integrated relational database that consolidated inventory data from a legacy mainframe system. The system calculated inventory aging and weeks-of-supply for an international retailer.

Our team assisted a major wireless telecommunication firm in a major class action brought under the Federal Fair Credit Reporting Act. The team responsibilities included responding to and handling discovery requests. Specifically, we assisted in identifying and interviewing appropriate personnel, analyzing data constraints, acquiring data from multiple production systems and data warehouses, and completing the supporting analysis.

A large national insurance company was faced with a multi-million dollar class action suit brought under the Federal Fair Credit Reporting Act (FCRA) on behalf of thousands of Auto and Home Insurance consumers. The data in the case included hundreds of millions of electronic transactional records that were integral to the claim amounts and class certification. We successfully completed the migration and transformation of the electronic records as well as the design of a database capable of handling a large volume of data and allowing secure access to several analysts. Ultimately, our work allowed the legal team to estimate potential damages and identify potential claimants in the case.

Designed, developed, and implemented a proposition support database in an investment fraud matter. The database tracked individual plaintiff equity and calculated claimed versus actual damages across a series of investments in a fraudulent real-estate concern.

Developed the functional needs analysis for the selection of a comprehensive corporate legal management system. Implemented the system that included matter management, electronic document management, workflow, and integration with other corporate systems including ERP finance and risk management.

Valuation of a portfolio of bad checks, acquired over the last seven years, for a consumer check processing company. Created a model for payment probabilities and collection patterns on uncollected checks based on the analysis of almost twenty million historical check activity records.

Developed electronic discovery strategy and provided evidentiary production on large-scale international project with legal and cultural complexities.

Retained by a major insurance carrier to assist and provide preferred e-discovery services to an international gaming company on a breach of contract dispute.


Retained by a forensic accountant to assist with the acquisition and analysis of a “legacy” hedge fund allocation system.

Assisted litigation trustee with the acquisition and analysis of a mortgage lender’s accounting system and the proprietary programs used to originate and sell loans.

Education +

Bachelor of Science, School of Business Administration, University of Southern California 
Cinema-Television Minor

Certifications +

Microsoft Certified Professional

Microsoft SQL Server Implementation

Microsoft SQL Server Administration

Windows Server Core Technologies

Memberships +

American Bar Association, Associate Member

The Sedona Conference, Working Group 1 and Working Group 6, Member

ACFE – Association of Certified Fraud Examiners, Member and Candidate for CFE

ARMA – Association of Information Management Professionals, Member

Society of Corporate Compliance and Ethics

Publications & Speaking Engagements+

Liam is a regular speaker and lecturer at conferences around the world on topics related to technology, discovery, compliance, data privacy, and complex analytics. He has also published a number of articles in these areas.

2017 National Association of Women Lawyers, “Big Data Analysis: Promises and Pitfalls”

2011 International Anti-Counterfeiting Coalition, “E-Discovery”

2010 ABA Electronic Discovery and Digital Evidence Practitioners' Workshop, “ESI Forensics Workshop”

2009 ARMA International – Orlando

2009 Computer Forensics Show, “Forensic Accounting – Don’t Forget about the Structure in the EDRM”

2009 Records Management Society UK, “Don’t Forget about the Structure in the EDRM”

2009 Latham & Watkins CLE, “Structured Data”

2008 Reed Smith CLE, “Technology Labor and Employment”

2006 ASDA Conference – Montana

2004 Mayer Brown CLE, “Electronic Discovery & Data Analytics”

2004 Quarles & Brady CLE, “Electronic Discovery – Protecting Your Clients’ Interests”

2002 Legal Tech Conference – Los Angeles, California

2001 Legal Tech Conference – London, England

2001 Legal Tech Conference – Los Angeles, California

2011 ABA In-house Litigator, “The Implication of Cloud Computing on E-discovery”

2010 Hedge Fund Law Report, “Pension Committee Case Highlights Obligations of Hedge Fund Managers to Preserve Documents and Information in Anticipation of Litigation”

2010 Wall Street & Technology, “E-Discovery: It’s Time to Remember Forgotten Data”

2009 RMS, “Retrieving “Forgotten” Data from Legacy Systems in E-Discovery”

Practices +Insights +

Client Updates/Bulletins

  • Welcome Liam Ferguson and Courtney Fletcher2/1/2017

    The Claro Group has enhanced its Disputes, Claims and Investigations (DCI) Analytics practice with the addition of two new managing directors with more than 35 years of combined experience.

Claro in the news

  • Liam Ferguson Listed In Lawdragon Global 1007/5/2018

    Claro congratulates Liam Ferguson for being listed as one of the 2018 Lawdragon Leading Legal Consultants and Strategists to the Legal Profession. This selective list highlights litigation financiers, recruiters, publicists, technologists, and many others.  To learn more…

  • Nationally Ranked in eDiscovery by Chambers Litigation Support 20185/17/2018

    The Claro Group, along with two leaders of its Advisory & Analytics Services Practice have been nationally ranked by Chambers Litigation Support 2018 as Leading Advisors in eDiscovery. Congratulations to The Claro Group, Liam Ferguson, and…