E-discovery in United States
Cleary Gottlieb Steen & Hamilton
'Practical, ethical, and precise', the team at Cleary Gottlieb Steen & Hamilton has both an advisory and contentious e-discovery practice and is praised by clients for its 'excellent technical knowledge; out of the box thinking, great in GDPR topics'. The group is adept in internal investigations and in litigation, as well as assisting with merger clearance proceedings and contract reviews for M&A transactions. It is able to leverage strong in-house IT capabilities, including the use of artificial intelligence (AI) to augment existing application programming interfaces, allowing for tailored document search services. The department is jointly led from Washington DC by Natascha Gerlach, who often works with the firm's European offices, and Christian Mahoney, who is an expert in data retention. Michael Bohner leads the group in New York, and specializes in the application of AI and advanced analytics to document review and data retention. Based in Washington DC, experienced trial lawyer Nowell Bamberger is the key link between the e-discovery and litigation departments.
‘Excellent technical knowledge; out of the box thinking, great in GDPR topics.‘
‘They are practical, ethical, and precise. They listen to the client and determine what is needed. They are responsive and quick when it matters.’
‘Cleary has one of the best cross-border discovery teams in the world. Its team fundamentally understands the importance and complexities of data protection in preserving, reviewing and producing data in discovery.’
‘Natascha Gerlach is exceptional. She is the rare lawyer who has mastered multiple disciplines and can slide between them and among them to provide holistic advice to a client.’
‘We have worked with Natascha Gerlach as local counsel on several data privacy [matters] in the EU.’
- Cleary Gottlieb served as counsel to Vale in winning dismissal of a lawsuit brought by Rio Tinto in the S.D.N.Y. alleging that defendants conspired to steal Rio Tinto’s mining rights at the Simandou mountain range in the Republic of Guinea in violation of the RICO Act.
In addition to being experienced litigators, lawyers at Eversheds Sutherland also hold a variety of technology qualifications, enabling them to work alongside the firm's IT professionals to support the firm's courtroom e-discovery services. In addition to litigation, the team also assists clients with internal investigations in the aftermath of data breaches and advises corporates on issues of data governance, retention and preservation. A veteran of the e-discovery space Robert Owen heads the department from New York, contributing vast experience in commercial litigation. In Washington DC, Matt Gatewood advises clients on government investigations and litigation including in relation to workplace operational failures, cybersecurity breaches, class actions and employment disputes; while Gregory Kaufman is noted for defending corporations in government investigations and enforcement actions, specializing in the energy and commodities sectors. New York's Francis Nolan was promoted to partner in January 2020 and has an active insurance litigation practice.
CareFirst Blue Cross Blue Shield
Oppenheimer & Company
- Eversheds Sutherland (US) LLP is representing CareFirst Blue Cross Blue Shield, the US-based not-for-profit, non-stock healthcare services company. The nationwide E-Discovery team is advising this leading insurer in responding to a data breach incident affecting more than one million individuals.
- Representing Oppenheimer & Company the leading US-based global financial institution. The team is advising Oppenheimer in a major, high-stakes litigation, as well as on a significant number of matters including a breach of contract action against CIBC, one of Canada’s chartered banks.
King & Spalding LLP's team acts as lead e-discovery counsel to a number of global corporations, including UPS and Toyota. The group is noted for handling high-stakes cases, including in the aftermath of major data breaches, where the firm is instructed on internal and government investigations, as well as any follow-on litigation, as it did for Equifax. The department is jointly led from Atlanta by seasoned e-discovery attorney Ronni Solomon, who is an expert in regulatory, investigatory and civil matters; Rose Jones, a specialist in advising on the development and implementation of global e-discovery protocols; and director of e-discovery operations John Tucker, whose focus is preservation and collection, as well as discovery project planning and strategy. From Los Angeles, Michael Shortnacy is a litigator who regularly leads on e-discovery matters in court.
Toyota Motor North America
The Progressive Group of Insurance Companies
- Ronni Solomon has served as National E-Discovery Counsel to UPS continuously since April 2009. She initially developed and implemented UPS’s litigation protocol and tools for handling the e-discovery process which has dramatically improved the way UPS handles e-discovery issues. She provides e-discovery counseling and manages document reviews for all UPS matters. She also updates the protocol on a regular basis and provides e-discovery counseling on internal issues.
- Since 2010, Rose Jones has served as National Discovery Counsel for Toyota Motor North America in its unintended acceleration (UA) and product liability litigation. The firm served as Toyota’s primary e-discovery counsel in over 100 related matters, including four Congressional investigations, four five NHTSA investigations, four multi-district litigation proceedings, state, federal and Canadian governmental investigations, an SEC investigation, securities litigation, and individual product liability cases.
- King & Spalding represents Equifax in its comprehensive response to the cybersecurity incident announced on September 7, 2017, including in the forensic investigation, the notification analysis and process support, the public relations and communications support and coordination and in several follow-on cases, including class actions, congressional inquiries and inquiries from every State Attorney General.
- The Progressive Group of Insurance Companies’s exclusive e-discovery counsel since 2009. The engagement includes e-discovery counseling and document review and production services.
The team at Nelson Mullins Riley & Scarborough LLP is composed of project managers, technologists and analysts, as well as e-discovery attorneys, enabling it to offer a full service to clients. Key areas of expertise for the firm include data privacy issues, antitrust and fraud, particularly in relation to health insurance investigations, which is a wider firm specialism. The team is able to draw on dedicated data centers, enabling it to host client data, streamlining the analytics and document review process. Based in Columbia, litigator John Martin, whose practice is at the crossroads between litigation, e-discovery, information management and cybersecurity. In the same office, Lucile Cohen and Heyward Bonyata regularly serve as counsel in complex litigation and government investigations, in addition to advising on information management issues; Julie Flaming focuses on e-discovery and litigation readiness, as well as litigation in the healthcare and life sciences sectors.
‘The Nelson Mullins team is deep and talented in e-discovery.‘
‘Lucy Cohen, Travis Bustamente, and Julia Hartley all have been terrific.’
Blue Cross and Blue Shield of South Carolina
Eli Lilly and Company
Santee Cooper, a.k.a. South Carolina Public Service Authority
- Serves as discovery and review counsel to 16 Blue Cross Blue Shield defendants in this nationwide class action multi-district litigation involving antitrust allegations in the healthcare industry.
- Led Anthem’s search term negotiations for a contract dispute related to pharmacy benefits management.
- Defended a Rule 30(b)(6) deposition for Entergy on document considerations and has a lead role in preparing the pre-trial order and the handling of trial exhibits and has led efforts in responding to and tailoring nearly 150 broad requests for production by the attorney general.
- Represented Santee Cooper in responding to subpoenas from federal regulators, defending multiple civil litigations, responding to federal third-party subpoenas, and representing Santee Cooper before state regulatory and governmental bodies related to the decision to cease construction on a nuclear power plant which was funded in part by our client.
- Represented Red Valve and Hillenbrand in Red Valve Inc. v. Titan Valve, a complex trade secret litigation matter in the North Carolina courts in which Nelson Mullins serves as merits counsel and discovery counsel for the Plaintiff.
Boston's 'super smart, hard working and experienced' Shannon Capone Kirk takes the lead at Ropes & Gray LLP, which contains e-discovery attorneys and global litigation technology professionals that regularly interface with clients. The group is often instructed in international investigations, where the team is able to draw on fluency in Mandarin and Spanish, data breaches and class actions. While the group supports the firm's litigation department, it is also brought in to act as external e-discovery counsel, and has experience leading multi-firm teams in litigation and investigations. Other important areas of expertise are cybersecurity and privacy that clients appreciate in cross-border cases.
‘Beyond being very good discovery lawyers, the team has an expertise in cyber security and privacy that enables them to handle complex technology and cross-border matters.’
‘Shannon Capone Kirk is not only exceptionally intelligent and knowledgeable, she is a pragmatic tactician who seamlessly integrates discovery tactics and plans into an overall litigation strategy.’
‘Shannon has built a unique practice at Ropes.’
‘Shannon Capone Kirk is super smart, hard working and experienced. Well regarded in the e-discovery community.’
Winston & Strawn LLP has a full-service e-discovery consulting practice, that has taken the entire e-discovery reference model (EDRM) in-house, leveraging two data centers to support the work of attorneys. As well as litigation, the group is regularly instructed on information governance and privacy issues. In Washington DC, e-discovery 'thought leader' John Rosenthal leads the department, praised by clients for combining 'deep knowledge of discovery issues with a trial lawyer's mentality'. The group also benefits from the forensic investigations and trade secrets expertise of Houston's Sheryl Falk, who serves on commercial litigation trial teams in state and federal cases and arbitrations. Splitting his time between Hong Kong and Chicago, Steven Grimes focuses on compliance and data security issues, internal investigations, government interactions and disputes.
‘Winston has a sophisticated discovery practice that not only provides exceptional discovery services and counseling, but advocates on e-discovery issues very well.’
‘The group is very experienced and trained to carefully and clearly explain discovery issues to courts.‘
‘John Rosenthal is a thought leader who is a fierce and skilled advocate. He combines deep knowledge of discovery issues with a trial lawyer’s mentality.’
‘Great litigators, great document reviewers.‘
‘John Rosenthal is superb litigator and deep subject matter expert in e-discovery. One of the top ten in America.’
Dechert LLP's Philadelphia-based team, praised as 'absolutely world-class', specializes in handling e-discovery in high-stakes, bet-the-company litigation. It is adept at handling matters such as remote document review and legal hold notification in matters including antitrust, commercial disputes, criminal investigations, international arbitration and mass torts. Ben Barnett ('the best in the business') leads the group, and has a strong track-record in US civil litigation and in high-profile multi-jurisdictional matters involving agencies such as the UK Serious Fraud Office and France's National Financial Prosecutor's Office. Matt Tate brings to bear experience in data privacy issues, particularly in cross-border matters.
Other key lawyers:
‘Deep technical know-how, practical approach, and very impressive individuals work together to create greater than the sum of all parts. Absolutely world-class with the results to prove it.’
‘Ben Barnett is the best in the business. He has vision, patience, and total command of the international landscape in this area. There is simply no one in the same class.’
- Retained in 2016 by Airbus Group to serve as lead counsel for self-disclosure driven investigation by the UK’s Serious Fraud Office (“SFO”). Since that time France’s Parquet National Financier (“PNF”) also publicly announced its investigation of Airbus. The joint investigation by PNF and SFO is the first of its kind and now also includes the US Department of Justice (“DOJ”). Dechert was also retained as coordination counsel for other government inquiries/investigations and several commercial matters. In January 2020, the client reached a settlement with the SFO, in part due to the strength of the successful use of predictive coding technology in the independent investigation.
DLA Piper LLP (US)'s e-discovery and information management group, 'a very strong team that blends both deep knowledge of e-discovery and practical experience', is jointly led by San Diego-based of counsel Jennifer Feldman and Los Angeles-based of counsel Leeanne Mancari, both of whom are experienced e-discovery litigators. The group also benefits from the presence in New York of former US magistrate judge, a rarity in the industry, Andrew Peck, who brings with him an understanding of e-discovery litigation strategy. Other than attorneys, the group also consists of information management and analytics specialists.
Other key lawyers:
‘DLA has a very strong team that blends both deep knowledge of e-discovery and practical experience. They have several thought leaders in the industry.’
‘Jennifer Feldman is a strong lawyer who is exceptional at project management and leading discovery projects. Judge Peck knows e-discovery from his long time as a thought leader and judicial career.’
‘DLA Piper made a smart decision to recruit Hon. Andrew Peck (Ret.) to serve in this sector. Judge Peck is renowned for his knowledge and hands-on approach. He’s pragmatic and direct. He also is committed to learning about the most current trends in technology for litigation.’
- Represented Goldman Sachs in an employment discrimination (gender) class action pending in SDNY. Retained as special e-discovery counsel for the client.
- Represented Zimmer Biomet in a product liability case brought in the Southern District of New York.
- Served as an expert witness for Prudential in an alleged whistle-blower case in New Jersey state court. The expert report opined on the preservation standard of care as it applied to plaintiffs’ text messages.
- Served as expert witness in Kansas State Court action, opining on industry standard procedures for protecting source code in discovery
The e-discovery and technology group at K&L Gates is instructed in litigation, arbitration and investigations, assisting corporate clients with litigation readiness, legal analysis, document production and trial support, in addition to advisory work relating to information governance and records management. The group often acts as national e-discovery counsel, supporting trial counsel from a range of other firms. From Seattle, Julie Anne Halter has substantial experience in a commercial litigation and arbitration setting, as well as in government and internal investigations. Halter jointly leads the group with Pittsburgh's Thomas Smith, a veteran trial lawyer with experience in contentious e-discovery. Seattle's Martha Dawson is another contentious e-discovery practitioner and regularly serves as national and special e-discovery counsel to clients.
Orrick, Herrington & Sutcliffe LLP's group benefits from an in-house analytics team that includes data analytics attorneys, statisticians and data architects, allowing the group to process data efficiently. The department is led by Washington DC's Wendy Butler Curtis ('a very practical lawyer and a joy to work with') who regularly appears in court for clients such as Microsoft as e-discovery counsel, while also coordinating the analytics team, alongside which she advises on project management, process mapping, strategic staffing and the deployment of technology n her clients' businesses. The group has a number of e-discovery-focused associates, including Wheeling's Kelly Cullen, who serves as director of the firm's global operations center in West Virginia, and has experience negotiating discovery matters involving custodian selection and contentious privilege issues.
‘Outstanding specific expertise in both technical and legal aspects of the e-discovery practice. Very practical advice.’
‘Wendy Butler Curtis is a very practical lawyer and a joy to work with.’
- Continue to act for Microsoft in a National Discovery Counsel role, consulting on high-profile litigation as well as internal processes and procedure.
Reed Smith LLP
Reed Smith LLP's 'highly professional' team is able to provide end-to-end e-discovery services to clients, advising on information governance, data protection and data remediation matters, for clients across a number of sectors. The group benefits from a large team of technologists, which allows it to develop e-discovery solutions in-house, as well as handling issues such as preservation, collection, processing, hosting, analytics, review and document production within the firm. In Pittsburgh, David Cohen (whose 'depth of experience in e-discovery and involvement in the industry clearly brings value to client interactions every day') chairs the team and has a solid background in commercial litigation. In New York, Anthony Diana, who also leads the global IP, technology and data group, has both advisory and litigation experience, while Therese Craparo is focused on enterprise data risk management.
‘Highly professional team, with deep e-discovery and governance experience. The Reed Smith team knows the technologies and employs best practices to manage costs and mitigate risks.’
‘David Cohen’s depth of experience in e-discovery and involvement in the industry clearly brings value to client interactions every day.’
The department at Shook, Hardy & Bacon LLP is jointly led by Washington DC's Patrick Oot, a thought leader in the area of e-discovery, and Denise Talbert in Kansas City, who leads a team of attorneys, analysts, project managers and technologists. The firm often serves as national e-discovery counsel to large corporations in cases including medical device litigation, product liability and commercial litigation.
Tadler Law LLP, under the leadership of Ariana Tadler, broke away from Milberg Phillips Grossman LLP in June 2019, with the entire e-discovery department moving over to form the new New York-based boutique plaintiff-side e-discovery firm. The group has an exceptional complex litigation practice, representing plaintiffs in commercial disputes and class actions. It is called upon to assist with discovery strategy, protocol drafting, negotiations and data preservation, as well as data collection storage and analysis. A.J. de Bartolomeo leads the group alongside Tadler, and is a seasoned advocate with an impressive track-record in class actions. Melissa Ryan Clark left the firm for FagenScott in June 2020.
J. B Hunt Transport Services
- In Re: Marriott International, Inc. Custom Data Security Breach Litigation Ariana Tadler was personally appointed to the Plaintiffs’ Steering Committee for Consumers in the consumer class action; Ms. Tadler serves as de facto liaison counsel across five plaintiff tracks (Consumers, Financial Institutions, Government, PSLRA, Derivative); A.J. de Bartolomeo complements Ms. Tadler and runs point on the discovery review management team).
- Representing Stephen Adkins as class representative) in Adkins, et al. v. Facebook, Inc., No. C 18-05982 (prior caption was Echavarria, et al. v. Facebook, Inc.) (Interim Class Counsel, 2019 appointment) Class action on behalf of consumers whose data was breached when hackers stole access tokens for Facebook’s “View As” feature.
- In re Apple, Inc. Device Performance Litigation, Ariana Tadler appointed to Plaintiffs’ Executive Steering Committee and Offensive Discovery and ESI Coordination Committee; Tadler Law team runs point on search.
- On August 24, 2018, Representing Hope Solo, renowned soccer goalie for Women’s US National Soccer team until 2016, in a suit against United States Soccer Federation, alleging claims of discrimination and for equal pay.
- In re Equifax, Inc. Customer Data Breach Litigation, Ariana Tadler was appointed to PSC; Melissa Ryan Clark runs point with Ms. Tadler. Class action on behalf of consumers relating to data breach affecting nearly 150m US consumers.
At Kirkland & Ellis LLP, the e-discovery team in the US works closely with the firm's Asian and European offices to offer global discovery and data management services. The group is often called upon in litigation, but it also advises multinational clients on data-retention policies, assists with complex transactions and joint-defense agreements and handles data governance issues. Matters are led by New York's Michelle Six, who has an active advisory and contentious practice.
‘Michelle Six is great. Knowledgeable and practical.‘
‘Michelle Six knows this area better than anyone I know. She is a superstar.’
'Knowledgeable, disciplined, ethical and outcome oriented', the team at Mayer Brown handles discovery and information governance matters involving the insurance, financial and business consulting industries, as well as pharmaceuticals, chemicals and automotive manufacturing. The group is noted for pre-litigation risk management, in addition to representing clients in court proceedings. The group is coordinated by Washington DC's Michael Lackey, who is supported by Eric Evans, who leads the West Coast team from Palo Alto and has expertise in cybersecurity and data privacy issues, and Chicago's Ethan Hastert, who leads the Mid West group and often handles the e-discovery aspects of commercial litigation and internal investigations.
Other key lawyers:
‘They are knowledgeable, disciplined, ethical, and outcome oriented. The Mayer Brown team is persistent and knows discovery well.’
‘They take on the right fights and have novel arguments that other less experienced practitioners do not have.’
American Insurance Association
- Assisting Veolia with the e-discovery aspects of scores of putative class actions and individual cases in federal and state courts in Michigan in connection with the Flint Water Crisis. These cases bring both personal injury and property claims, in addition there is a separate parens patriae suit brought by the Michigan Attorney General.
- Represented Google in relation to the e-discovery aspects of a case involving accusations the company violated the federal Stored Communications Act and a subsequent class action, leading to a class-wide settlement favorable to Google.
- As outside counsel to the American Insurance Association (AIA), the firm is responsible for coordinating and responding to third-party subpoenas they receive related to lawsuits involving their members.
The team at Norton Rose Fulbright is most noted for its ability to handle cross-border and international discovery mandates, drawing on the firm's global office network. In its global coordinating role, it has expertise in non-US data privacy regulations, data localization and state secret obligations. Information governance is another key area of expertise, and the group often advises corporates on pre-litigation matters. In litigation, attorneys benefit from in-house technology assisted review capabilities, as well as data analytics. Based in New York, David Kessler heads the US data and information risk group and the global discovery practice, while Andrea D’Ambra serves as head of the US e-discovery and information governance group.
‘The team leads have a deep knowledge of the law and “mechanics” of e-Discovery. They have national (indeed, international) reputations so that they are convincing to third parties. They are thought leaders.’
Primary Residential Mortgage
- Represented pharmaceutical company Boehringer Ingelheim as their Discovery Counsel in a multidistrict antitrust litigation that combines 11 proposed class actions alleging a pay-for-delay scheme over a generic version of stroke drug Aggrenox.
- Represented Primary Residential Mortgage in a motion for spoliation sanctions that alleged that the Plaintiff had intentionally destroyed relevant text messages from the most critical period in the case. Following oral argument on the motion, the court found that relevant information had been destroyed and that the loss of that information prejudiced the client.
- Retained to provide high-level strategic and tactical e-discovery advice across borders to support SAP. Developing and implementing litigation readiness procedures and standardized discovery processes.
- Represent GSK on strategic discovery matters that help it address discovery risk across its litigation and investigation portfolio. This year the team has focused on providing advice related to cross-border discovery and, in particular, the impact of GDPR.
- Provide strategic e-discovery and privacy advice to Gilead Sciences, focusing on cross-border discovery, preservation and mobile devices.
Led by Jeffrey Fowler in Los Angeles, the group at O'Melveny & Myers LLP acts as national coordinating e-discovery counsel for a number of impressive clients, including General Mills and Humana. The team is composed of lawyers and technologists, with experience in bet-the-company commercial litigation, as well as playing an advisory role in relation to document retention. Also in Los Angeles, Jonathan Le is an experienced e-discovery litigator, and Adrian Pollner specializes in e-discovery for healthcare industry investigations. In New York, Jeffrey Kopczynski has a strong track-record in multi-district litigation, regulatory investigations, federal and state court proceedings and international investigations.
- For a decade, Jeff Fowler has served as national e-discovery counsel to General Mills, coordinating the direction and execution of the company’s overall discovery and document retention strategy, as well as manage discovery procedures.
- Jeff Fowler serves as national e-discovery counsel for Humana, including in federal investigations, in relation to labor and employment issues and evidence spoliation.
Areas of expertise for the group at Seyfarth Shaw LLP span all aspects of information governance, including e-discovery, data management, privacy and information security. All attorneys on the team are litigators, with substantial experience in court. The department is chaired from Chicago by Scott Carlson, who has a degree in computer science and mathematics and experience as a software engineer. Also in Chicago, Jay Carle is a seasoned e-discovery litigator. In San Francisco, Richard Lutkus handles civil and criminal litigation, as well as advising clients on cybersecurity, privacy and digital forensics matters; while Kathleen McConnell, promoted to partner in January 2019, chairs the e-discovery analytics strategy group.
‘Very strong technical knowledge is critical in this area, and Seyfarth balances that expertise with a deep knowledge of the complex and constantly changing field of e-discovery law. We have great confidence in them.’
‘Jay Carle is excellent, and was a great counselor when we first started working with him on a large litigation matter, which led to the engagement to help us.’