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Government Investigations 2016: Handling Corporate Investigations Resulting from a Breach of Electronic Information and Parallel Proceedings


Speaker(s): Amy Walker Wagner, Carrie S. Parikh, Christine M. Ryall, David C. Shonka, Jamie Brown, Jay Sonbolian, Jessica Perazzelli Ross, Manfred J. Gabriel, Matthew F. Fitzsimmons, Prof. Vikramaditya Khanna, Sandra J. Rampersaud, Taylor Hoffman, Travis LeBlanc, William P. Butterfield
Recorded on: Mar. 21, 2016
PLI Program #: 149671

David C. Shonka is a partner at Redgrave LLP in Washington, DC.  With his outstanding record as a trial and appellate litigator and legal strategist, David is considered a thought leader in the broader legal community.  His practice focuses on all things Information Law including privacy, security, eDiscovery, cross border data transfers, government civil law enforcement investigations, and information governance.  Prior to joining Redgrave LLP, David served three terms as the Acting General Counsel at the Federal Trade Commission (FTC) and ten years as the agency’s Principal Deputy General Counsel.  In both roles, he oversaw the Office’s Litigation, Legal Counsel, and Opinions and Analysis Groups, as well as FOIA, Employment Law, and Energy Counsel Staff.  David is currently a member of the Sedona Conference® Working Group on Data Security and Privacy Liability (WG11), serves on the Steering Committee for International Electronic Information Management, Discovery and Disclosure (WG6), and is a former member of the Steering Committee for Electronic Document Retention and Production (WG1).


Taylor is the global head of eDiscovery at Swiss Re, a leading wholesale provider of reinsurance, insurance, and other insurance-based forms of risk transfer. In this role, he oversees all aspects of eDiscovery and related cross-border data transfers, including developing policies and procedures, and managing case work. Prior positions include Corporate Counsel (Litigation and eDiscovery) at DISH Network, where he implemented an overhaul of DISH’s eDiscovery Process, and as a Litigation Associate at Covington & Burling LLP. Taylor clerked for the Honorable Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit, and received his JD from the University of Chicago.


Amy Walker Wagner is Assistant General Counsel in the Litigation, Labor & Employment group at Horizon Blue Cross Blue Shield of New Jersey where she is responsible for handling pre-litigation and litigation matters and the legal hold and e-discovery initiative. 

Previously in private practice, Ms. Wagner concentrated her practice on whistleblower, complex commercial and intellectual property litigation in federal and state courts.  She has counseled clients on complex matters dealing with contractual, employment, constitutional, legislative and white-collar criminal issues. 

Ms. Wagner is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, the Third and Fifth Circuit Courts of Appeals, and the United States Supreme Court.  She is on the Board of Trustees for the Association of the Federal Bar of New Jersey, and she has been a member of the American Bar Association as well as the Historical Society of the United States District Court for the District of New Jersey.  She has also been a member of the Sedona Conference Working Group on Electronic Document Retention and Production (WG1). 

Ms. Wagner is a Master in the John C. Lifland American Inn of Court, an association dedicated to fostering and developing the practice of intellectual property law and federal litigation.  She has presented seminars on federal practice, ethics and e-discovery, and whistleblower litigation topics, and her articles on ethics and electronically-stored information have appeared in The Bencher and other professional publications.

Ms. Wagner received her B.A. from Loyola University and her J.D. from Rutgers University School of Law-Camden, where she was the Lead State Constitutional Law Editor for the Rutgers Law Journal.  She was a law clerk to the Honorable Jack M. Sabatino, Superior Court of New Jersey, and the Honorable Jose L. Linares, United States District Court for the District of New Jersey.


Manfred Gabriel is an attorney in Holland & Knight's New York office who leads the firm's Legal Support Services organization. In this role, Mr. Gabriel oversees Holland & Knight's comprehensive and integrated eDiscovery and fact-finding unit, which assists clients in managing the risks and costs of eDiscovery by leveraging advanced technology and workflows. In addition, he provides clients with a wide range of services from enterprise-level eDiscovery management to delivery on large, complex eDiscovery projects. He has assisted clients in:

  • responding to litigation eDiscovery requests, including data identification and collection, data processing and hosting, and structuring document reviews, quality control and document productions
  • advanced eDiscovery workflows, with a particular focus on technology-assisted review or predictive coding,
  • statistical sampling and statistical process control, as well as streamlining and integrating the various aspects of complex eDiscovery projects
  • data privacy and General Data Protection Regulation (GDPR), especially for international companies active in the U.S.
  • litigation readiness, litigation holds and data preservation
  • sophisticated fact development to minimize the risk in litigation while strengthening the client's case

As an antitrust attorney, Mr. Gabriel has successfully assisted clients in responding to large, fast-paced regulatory requests. He has worked with Fortune 1000 companies in several industries, including high-tech, transportation, pharmaceuticals and financial services. Mr. Gabriel has testified as a 30(b)(6) witness on eDiscovery process and data spoliation issues.

In addition, Mr. Gabriel teaches eDiscovery at Benjamin N. Cardozo School of Law in New York.

Prior to joining Holland & Knight, Mr. Gabriel led the managed-review offering for a multinational professional services network. In addition, he led global engagements (including time in India to lead a team of 70) in eDiscovery, contract intelligence and litigation readiness. Mr. Gabriel also consulted on data privacy and cross-border discovery, including GDPR and International Traffic in Arms Regulations (ITAR).


Sandra Rampersaud is an attorney in Cravath’s Litigation Department, with expertise all aspects of e-discovery, digital investigations and evidence, and data privacy, including cross-border e-discovery and disclosure, and European Union data protection.  Her practice focuses on monitoring the rapidly developing legal standards for conducting e-discovery and ensuring that the Firm delivers the most cost-effective and legally defensible methods of handling such discovery, both domestically and globally, for its clients.  Ms. Rampersaud’s practice also requires her to understand advances in information technology and the legal implications of its use.  She works closely with our clients and case teams in matters involving complex records preservation and collection issues, and devising cost-effective and defensible review strategies.  Ms. Rampersaud has spoken on e-discovery issues at a number of presentations.

Ms. Rampersaud was born in London, United Kingdom.  She received a B.A. summa cum laude from the University of Massachusetts in 1992 and a J.D. magna cum laude from Brooklyn Law School in 2003, where she was a Notes and Comments Editor of the Law Review and a member of the Moot Court Honor Society.  Ms. Rampersaud joined Cravath in 2011.  Prior to joining Cravath, Ms. Rampersaud was associated with a law firm in New York, where her practice focused on antitrust, commodities, securities and energy litigation.  In 2003, Ms. Rampersaud served a one-year clerkship with Hon. Joan M. Azrack of the U.S. District Court for the Eastern District of New York.  She is admitted to practice before the state courts of New York and Connecticut and, on the Federal level, before the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the Eastern District of New York, the U.S. District Court for the Southern District of New York and the U.S. District Court for the Northern District of New York. 

Ms. Rampersaud is a member of the Sedona Conference Working Group Series on Electronic Document Retention and Production and actively participates on drafting subcommittees for its publications.  She recently spoke at the Sedona Conference “All Voices” meeting where she discussed the recently published Sedona Conference Principles of Information Governance and on a panel entitled “Evolving Nature of Defense of Process” at the Georgetown Law Advanced eDiscovery Institute.  Ms. Rampersaud is a member of the committee and Education subcommittee for the Seventh Circuit Electronic Discovery Pilot Program and is a member of the Executive Committee of the New York State Bar Association Commercial and Federal Litigation Section, where she serves as Co-Chair of its Committee on Electronic Discovery.  Ms. Rampersaud also served as a member of the Antitrust and Trade Regulation Committee of the New York City Bar Association from 2008 to 2010, and as a member of the New York County Lawyers’ Association, Denis McInerney American Inns of Court from 2004 to 2012 where she was a team leader from 2006 to 2010.

Ms. Rampersaud may be reached by phone at 212-474-3772 or by email at sjrampersaud@cravath.com.


Christine Ryall is a Chief Trial Attorney with the Division of Enforcement of the U.S. Commodity Futures Trading Commission in Washington, D.C.  Since joining the CFTC in March 2000, Ms. Ryall has conducted and supervised numerous investigations of violations of the Commodity Exchange Act and Commission Regulations and represents the CFTC in enforcement actions in federal district courts throughout the U.S.  Prior to joining the CFTC, Ms. Ryall served as a Senior Counsel with the Florida Real Estate Commission in Orlando, Florida, handling administrative evidentiary hearings and proceedings before state appellate courts.  Ms. Ryall also served as an Assistant Public Defender with the Second Judicial Circuit of Florida in Tallahassee, Florida, as first-chair in numerous jury and bench trials, hearings, and appeals in a variety of criminal cases.  Ms. Ryall holds a J.D. from the University of Florida and an M.B.A. from Clemson University.


Ms. Brown is a seasoned litigator and subject matter expert in e-discovery and digital investigations and one of the few e-discovery and compliance attorneys in the country with the tripartite experience of an in-house corporate counsel from a global company; a senior attorney at a federal regulatory agency; and a law firm partner. 

Her prior roles include working as the Global eDiscovery Counsel for UBS AG in New York City, where she was responsible for designing, building and executing the global e-discovery function to support the bank's legal and compliance departments in connection with investigations, regulatory responses, dawn raids and civil/criminal litigation matters.  She also advised bank leadership on global e-discovery strategy and risk. 

Before UBS, Ms. Brown worked for the Commodity Futures Trading Commission in Washington, D.C., first as a Trial Attorney for the Division of Enforcement and later as the Head of eDiscovery and Assistant General Counsel.  Prior to the CFTC, she was a law firm partner at Fennemore Craig in Phoenix, AZ, specializing in commercial litigation and e-discovery.  

Ms. Brown is a graduate of Duke Law School and former law clerk to the Honorable Roslyn O. Silver, U.S. District Court of the District of Arizona.    


Travis is a leading authority on cybersecurity, data privacy, telecommunications and the regulation of emerging and disruptive technologies. Drawing on his broad experience in federal and state government, he helps clients manage litigation and regulatory risk, as well as strategically respond to data breaches, cyberattacks, nation-state attacks, dissemination of stolen data, misinformation campaigns and government enforcement efforts, including those by state attorneys general. In addition to overseeing crisis management, internal investigations and national security matters, Travis advises and counsels clients on complex commercial, antitrust and intellectual property litigation. The respect and skills Travis has earned during his career have translated into appointments and recommendations across political spectrums, including his selection by the US Department of Commerce and the European Commission as an arbitrator for the EU-US Privacy Shield Framework in 2017 and his presidential nomination to the Privacy and Civil Liberties Oversight Board in 2018.

Travis was chief of the Federal Communications Commission’s (FCC) Enforcement Bureau during the Obama administration, where he spearheaded hundreds of enforcement actions involving consumer issues such as false advertising and the Telephone Consumer Protection Act (TCPA), unfair competition, regulatory compliance and fraud, waste and abuse of government programs. He has also worked closely with senior officials at other federal, state and international agencies, including the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), all 50 state attorneys general and data protection authorities across the globe.

Travis previously served as a senior adviser to former California Attorney General Kamala D. Harris and as special assistant attorney general of California, where he oversaw California’s complex litigation and policy in areas such as technology regulation, high-tech crime, cybersecurity, privacy, intellectual property, antitrust, healthcare, telecommunications and human trafficking. Prior to this high-profile California role, he served during the Obama administration as an attorney-adviser in the US Department of Justice’s Office of Legal Counsel, which advises the president, attorney general and executive branch agencies on the constitutionality and legality of the programs and activities of the US government.

With his broad understanding of technology, media and telecommunications, as well as his senior government experience at the national and California levels, Travis is uniquely positioned to advise clients on a wide range of privacy, cybersecurity and information management issues, including cases involving data breaches, class actions and government enforcement actions. As former chief of the FCC’s Enforcement Bureau, Travis has assisted clients with federal and state telecommunications needs, including FCC proceedings and regulations, merger reviews, working with Congress and other regulatory agencies on behalf of clients and advocating for emerging and leading technology companies before regulatory bodies. A deep understanding of real-world issues and legal hurdles and solutions helps Travis respond to and favorably resolve governmental inquiries and fact-finding investigations.

His background and leadership roles, as well as his practice at leading law firms in Washington, DC, and San Francisco, have translated into advising global clients with ties both in California and nationally, as well as responding to and finding solutions for novel local, state and federal legal issues. He has also represented companies, boards and individuals on a diverse array of complex and bet-the-company civil litigation, government investigations and white collar matters involving false claims, bid-rigging, patent infringement, trade secrets, bribery, foreign corrupt practices, RICO, off-label advertising, legal malpractice and material support of terrorism.


Carrie Parikh is Vice President, Legal at Wyndham Hotel Group. In this role, Carrie provides vision, leadership, and direction to attorneys, paralegals and privacy professionals, and works closely with executive leadership in the following areas:

  • Global Privacy & Data Security
  • E-Commerce
  • IT Agreements
  • Loyalty Program & Engagement
  • Revenue Management
  • Distribution and Global Sales
  • Customer Care
  • Compliance
  • Call Centers
  • Strategic Sourcing & Credit Card Vendor Relationships

Prior to her position as VP, Carrie was Senior Counsel, Lead Global Privacy and Data Security where she managed the companies’ global privacy and data security program. Before joining Wyndham, Carrie was a Claims Manager for Technology, Media and Business Services claims at Beazley where she handled complex E&O claims in the tech and media world as well as privacy and health care breaches. Carrie began her legal career as associate at Manfredi & Associates, a small law firm in Hoboken where she practiced housing law representing many of New Jersey’s Public Housing Authorities. After a federal judicial clerkship with the Honorable Esther Salas (D.N.J.), she spent six years as an associate at DLA Piper, a large New York City law firm, where she focused on complex commercial litigation with an emphasis on insurance and securities law. Carrie received her B.A. from Syracuse University and J.D. from Rutgers University-Newark. She is admitted to practice law in the states of New York and New Jersey. In 2013, Carrie was named as a Super Lawyers, Rising Star for the metro New York area.


Jessica Perazzelli Ross, Esq., is Vice President & Counsel in the Litigation and Regulatory Enforcement Group at Deutsche Bank AG, specializing in e-discovery and global data privacy.  Her work centers on defensible and cost-effective end-to-end ediscovery processes to respond to internal and external data requests, as well as developing and enforcing best practices for the Bank’s numerous ediscovery vendors and outside counsel.  She is a member of the NYSBA Committee on eDiscovery, The Sedona Conference WG 1 and WG 6, and the International Association of Privacy Professionals; and is CIPP/EU certified.  Ms. Ross is a frequent panelist at ediscovery conferences on a variety of ediscovery topics.  Prior to her position at Deutsche Bank, she served as ediscovery counsel at Latham & Watkins LLP and an antitrust associate at Skadden Arps.  Ms. Ross holds a JD from Notre Dame Law school and a BA from Georgetown University.


Matthew Fitzsimmons is the Head of Cigna’s Privacy & Information Protection Compliance Office and Lead Privacy & Cybersecurity Counsel. At Cigna, Matt is responsible for leading the privacy and information protection compliance team, handling complex privacy and information protection issues and leading the enterprise’s incident response team, leading investigations, breach notification, and incident management activities. Matt also oversees the review and implementation of privacy related legislation, the conduct environmental scans to identify external privacy issues. 

Prior to joining Cigna, Matt was an Assistant Attorney General in Connecticut, heading that Office’s Privacy and Data Security Department. In that role, Matt served as the lead attorney in the AG’s Office on all matters involving data security and privacy, including co-leading the investigation and negotiating the largest ever multistate data breach settlement with a prominent retailer. Matt also served as co-lead counsel in the first-ever state enforcement action for alleged violations of HIPAA. Throughout his time in the AG’s Office, Matt litigated an array of complex matters in state and federal court.

Matt is a frequent guest speaker and panelist at industry and continuing legal education events on the topic of data privacy and security, and has contributed to panel discussions in the United States and Canada. Recently, he was named one of Law360’s “5 Influential Privacy Regulators That You Should Know,” as well as being named to Connecticut Magazine’s 2014 “Forty under 40” and Connecticut Law Tribune’s “New Leaders in the Law.”

Matt also served as Adjunct Professor at the University of Connecticut School of Law, where he taught oral advocacy and brief writing as part of the school’s Moot Court program.


Vikramaditya Khanna is the William W. Cook Professor of Law at the University of Michigan Law School.  He earned his S.J.D. at Harvard Law School and was Bruce W. Nichols Visiting Professor of Law, Fall 2013 at Harvard Law School.  He has also been senior research fellow at Columbia Law School and Yale Law School, and visiting scholar at Stanford Law School.  His interest areas include corporate and securities laws, corporate and white collar crime, law and legal issues in India, legal profession and professional responsibility, corporate governance in emerging markets, and law and economics.  He is the founding and current editor of India Law eJournal and White Collar Crime eJournal at the Social Science Research Network and has served as Special Master in a dispute involving an Indian and American company.  He has testified at the U.S. Congress and his papers have been published in, or are forthcoming in, the Harvard Law Review, Journal of Finance, Journal of Econometrics, Michigan Law Review, Supreme Court Economic Review, Journal of Law, Economics and Organization, American Journal of Comparative Law, and the Georgetown Law Journal, amongst others.   News publications in the US, India, Germany, Switzerland, Brazil, and the United Kingdom have quoted him.  He has given talks at Harvard, Columbia, Stanford, Yale, Berkeley, Wharton, NBER, ALEA, and other venues in the US, India, China, Turkey, and Greece amongst others, including a keynote in Brazil.


  • Predictive Modelling
  • Fraud Data Analytics
  • Contextual Data Classification
  • Computer and Cyber Forensics
  • Insider Threat Programs
  • Early Case Assessment
  • Electronic Discovery
  • Technology Assisted Review
  • Cyber Response Management
  • Legal Process Outsourcing / Offshore

Background

  • Jay is a principal in E&Y’s Forensic Technology practice
  • He has more than 17 years of experience in data analytics, predictive modeling, ediscovery and cyber response management
  • He is a recognized expert in the forensic technology industry having led some of the largest investigations involving massive structured and unstructured data sets

Education, Affiliations and Certifications

  • M.S. – Boston University
  • B.S. – Northeastern University
  • Federal Deposit Insurance Corporation (FDIC) authorized
  • Ellen Gabriel Fellowship Program, 2008/2009
  • EnCase Certified Examiner (EnCE)
  • High Technology Crime Investigation Association (HTCIA)
  • Association of Certified Fraud Examiners (ACFE)

Highlights

  • Led a team to collect and analyze over 500 TB’s of data for one of the world’s largest oil spill investigations. Analyzed and identified relevant information which was presented to numerous state and federal agencies, White House subcommittees and over 6,000 law suits.
  • Ponzi scheme spanning over 11 years requiring the deep analysis of large and complex disparate data sets. Analyzed data for numerous civil, class-action, multi-district and regulatory matters.
  • Led investigation, analysis and recovery for one of the most damaging cyber- attacks on a US company.
  • Spent two years developing and implementing an offshore process model in India now used by many companies around the world.
  • Leader on SEC’s first financial misstatement  matter  in  India  involving  a $1.5B fraud.


Mr. Butterfield is a partner at Hausfeld LLP, and focuses his practice on antitrust litigation, financial services litigation and electronic discovery.  Mr. Butterfield is Chair of the Steering Committee for The Sedona Conference® Working Group on Electronic Discovery. He is also a member of Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure. In 2011, Mr. Butterfield testified before the House Judiciary Committee, Subcommittee on the Constitution, regarding the costs and burden of civil discovery. Mr. Butterfield is an adjunct professor at American University, Washington College of Law, where he teaches a course on electronic discovery. He also serves on the Advisory Board for the Georgetown University Law Center Advanced E-Discovery Institute.