Hayes is certainly a qualifed document examiner, but how is he with digital documents? Here is Hayes’ CV
http://reedwrite.com/?page_id=11
I don’t see any evidence of expertise in digital documents or PDFs. Under the heading TESTIMONY, he lists the various cases he apparently provided with testimony but Perkins Coie is not listed. It is only until you get to the PARTIAL CLIENTS LIST that he includes Thomas Kellenberg and Perkins Coie. There is no mention of the type of work he performed for them. And as near as I can determine Kellenberg hasn’t actually worked for them since the late 1990s/early 2000s. So whatever work he performed, it is unlikely to have much to do with digital documents.
IIRC, Zullo said he sent all the CCP results to Hayes and asked for his opinion. Did Hayes base his conclusions on the CCPs experts? We don’t know because the report is secret. The Hayes report was also done before the Xerox stuff came out. What impact would that have on him? Again we don’t know because he is not allowed to discuss his report or findings. He wouldn’t be the first expert who changed his opinion when additional information came out.
“Hayes is certainly a qualifed document examiner, but how is he with digital documents?”
Why assume that Hayes’ report is outside his legally defensible (Daubert-qualified) expertise? Hayes may have done NO digital analysis. His report is sealed.