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Ethics in Discovery 2020

Speaker(s): Andrea L. D'Ambra, Claudia T. Morgan, Philip N. Yannella, Preston L. Pugh
Recorded on: Jun. 24, 2020
PLI Program #: 277675

Andrea L. D'Ambra is a partner in the New York office and Head of eDiscovery and Information Governance for the United States, where she focuses on cybersecurity, data privacy, e-discovery, and cross border discovery.

Andrea counsels clients on preservation and data management issues, and has drafted information governance and records management policies for a number of multi-national companies. In addition to counselling, she has assisted clients in navigating foreign data privacy laws while complying with U.S. discovery obligations. Andrea also has presented at and moderated various Continuing Legal Education programs on cybersecurity, data protection and e-discovery issues, and has written on various information risk topics.

Andrea speaks on the unique eDiscovery challenges posed by cyber-incident response and has counselled clients on effective ways to protect their data in the hands of opponents in litigation.

Andrea served for over seven years as an officer in the United States Navy. Her diverse Naval experience includes serving as an action officer for high-profile investigations within the Bureau of Naval Personnel and managing the administrative and legal issues of the Navy's computer network defense command.

Andrea also is an adjunct professor of law at Temple and William and Mary Law Schools where she teaches classes on Electronic Discovery.  She was recently appointed to the Steering Committee of the Sedona Conference’s Working Group 1 that focuses on Electronic Document Retention and Production.  She is also a member of Sedona Working Group 6 which focuses on Cross Border Discovery, and Working Group 11 that considers data privacy and cybersecurity.

Claudia T. Morgan is eDiscovery Counsel in Wachtell, Lipton, Rosen & Katz’s Litigation Department. She focuses her practice on electronic discovery and information management, both domestically and abroad.  She has significant experience in responding to and advising on litigation in federal and state courts, regulatory requests for information, and internal investigations.

Ms. Morgan has managed all aspects of discovery, including coordinating with clients’ litigation departments, directing and consulting with vendors, and hiring and managing teams of contract attorneys and paralegals. She also has experience working with expert witnesses to collect and analyze relevant data.

Ms. Morgan counsels clients on a range of information risk management issues, including eDiscovery and Records and Information Management (RIM) best practices and litigation preparation. She has worked with clients in overhauling their corporate RIM policies and procedures.

Ms. Morgan received a B.S.F.S. from Georgetown University in 1992 and completed her J.D., with honors, from George Mason University School of Law in 1998.

Ms. Morgan is a member of the American Bar Association, the New York State Bar Association, and The Sedona Conference Working Groups 1 (Electronic Document Retention and Production), 6 (International Electronic Information Management, Discovery and Disclosure), and 11 (Data Security and Privacy Liability).




Preston Pugh is an experienced trial lawyer and a member of the firm's Executive Committee. Recognized by Legal 500 for corporate investigations, and trained as both a federal prosecutor and a labor and employment lawyer, Mr. Pugh works with corporations and large institutions to conduct risk avoidance and mitigation investigations. He also represents clients in multiple stages of crisis management, including detection and initial response, internal investigations, disclosures to the government and other internal and external stakeholders, and post-crisis analysis. Challenges that he has helped clients successfully navigate include alleged executive or key employee misconduct in the workplace, misrepresentations to the federal government in procurement and government programs, misstatements of financials, workplace violence, trade secrets disputes over important data, regulatory inspections incidents, the full range of employment discrimination litigation, and insider threats of terrorism.

Mr. Pugh combines his experience as a former Assistant U.S. Attorney, senior compliance investigations counsel at the General Electric Company, and twice-appointed compliance monitor to assist clients operating in competitive and complex markets. He helps clients understand not only whether "noncompliance" occurred, but also the root cause of the concern – not just "putting out fires," but finding an efficient, effective solution that resonates with regulators, eliminates excessive risk in specific areas, and constructs enduring cultural change.

Mr. Pugh was appointed by a federal district court in one of the Equal Employment Opportunity Commission's (EEOC) largest monitorships to date involving racial discrimination and harassment. At the conclusion of the monitorship, the district court observed, "You're that outsider coming in... Not easy to do, but you did it well... I think that everybody chose well when they picked you to do this job." He was also the first monitor appointed by the Waterfront Commission of New York and New Jersey Harbors, overseeing a stevedore's efforts to root out organized crime. Mr. Pugh currently serves as a deputy monitor in the gaming industry overseeing a company's efforts to prevent, among other things, sexual harassment and discrimination.

Licensed to practice in Washington, DC, New York, and Illinois, Mr. Pugh is a known advocate in both trial and appellate courts. He has successfully tried a wide variety of federal cases, and has argued civil appeals in the First, Fourth, Sixth, Seventh, Eighth, Ninth, and District of Columbia Circuits in the United States Courts of Appeals. He has succeeded in two cases of first impression: one in the First Circuit and another, as amicus counsel, in the Illinois Supreme Court.

Immediately prior to joining Miller & Chevalier, Mr. Pugh was a partner at a prominent trial boutique in Chicago. He was recognized as an "Illinois Super Lawyer" from 2011 to 2017 and received multiple Special Service Awards during his time at the U.S. Attorney's Office in Chicago. For 10 years, he served as part of the national faculty for the National Institute for Trial Advocacy and has been an adjunct professor in appellate advocacy at Loyola University Chicago School of Law.

As Practice Leader of the E-Discovery and Data Management Group, Mr. Yannella manages litigation involving complex eDiscovery, leveraging his experience as National Discovery Counsel for more than a dozen companies in nationwide litigations. He advises clients in a wide range of industries on the creation of records retention policies and schedules, and the implementation of worldwide information governance programs.