“Working for consumers and investors who have suffered a financial loss or wrong has been very appealing to me. Doing what I can to rectify some of the inequities in the lives of individuals or groups of people is gratifying, particularly in very large, complex cases. . . . I also enjoy cases that are not just about the recovery of monies lost but that also play a role in changing practices that companies engage in that are unfair to consumers and investors.” —Ariana J. Tadler, Lawdragon 500
In the often opaque and self-interested world of corporate decision-making, Ariana J. Tadler is an antidote—a “leading light” helping individual consumers and institutional investors expose corporate misconduct and secure multimillion- and multibillion-dollar recoveries. A nationally recognized member of the plaintiffs’ bar, Ariana has 20+ years of experience litigating and managing the full spectrum of complex securities and consumer class actions, including high-profile, fast–paced cases.
Ariana is also renowned for being one of the nation’s leading authorities on electronic discovery in plaintiffs’ litigation—an area she and Milberg helped pioneer. She chairs Milberg’s E-Discovery Practice Group, has authored numerous publications on E-Discovery, and is regularly invited to speak on a variety of litigation- and discovery–related topics to educate the bench and bar. Ariana is actively involved in the development of the law and best practices, including amendments to the Federal Rules of Civil Procedure and various pilot programs.
An AV® Preeminent rated (Martindale Hubbell’s highest rating) lawyer, Ariana has been recognized by several prominent legal industry rating organizations, including 2014 Chambers USA: America’s Leading Lawyers for Business as “a leading light in the plaintiffs’ Bar” and a “fearless and tenacious” advocate who wins praise for her in-depth e-discovery knowledge and efficient approach. Clients also praise her ability to “navigate all the e-discovery issues.” For four years in a row, Lawdragon included her in its select list of 500 Leading Lawyers in America, describing her as “one of the nation’s most talented plaintiff-side securities litigators” and crediting her with building Milberg’s “team of lawyers and technologists armed with the necessary hardware and software to provide a solid and reliable service.” Benchmark Litigation has also included her in its 2014 Top 250 Women Litigators in the U.S. and she was named in Super Lawyers 2014 “Top 50: Women Lawyers” in the New York Metro-area.
HONORS & RECOGNITIONS
PROFESSIONAL & CIVIC ENGAGEMENTS
B.A., Hamilton College, 1989
J.D., Fordham University School of Law, 1992
New Jersey, 1992
New York, 1993
“A leading light in the plaintiff’s Bar”
—Chambers USA 2014
Ashish S. Prasad is the Vice President and General Counsel of eTERA Consulting, an electronic discovery, document review and technology consulting company headquartered in Washington, D.C. and with capabilities throughout the United States.
Ashish is widely regarded as among the leading experts on discovery in the United States. He has served, among other things, as Litigation Partner, Founder and Chair of the Mayer Brown LLP Electronic Discovery and Records Management Practice, Founder and CEO of Discovery Services LLC, Executive Editor of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production (2004), Co-Editor in Chief of the Practicing Law Institute treatise Electronic Discovery Deskbook: Law and Practice (2009), and Adjunct Professor of Law at Northwestern University Law School.
In addition to having extensive experience in managing all aspects of discovery in litigation and investigations, and developing policies and procedures for electronic discovery, records management and legacy data management for corporations and law firms, Ashish has defended discovery compliance procedures before numerous courts and regulators. Over the past decade, Ashish has authored over two dozen articles, and given over 100 legal education seminars, on topics of electronic discovery before judges, practicing lawyers and industry groups in the United States, Europe and Asia.
Ashish is active in a wide variety of charitable organizations related to children’s health and education, including serving as a Board Member of the U.S. Fund for UNICEF, Children’s Memorial Hospital of Chicago, and Pratham USA. Ashish graduated from the University of Chicago Law School, where he was a Member of the Law Review, and the University of Michigan Honors College, where he graduated with High Honors and High Distinction. He lives in the Chicago area with his wife and three children.
Dave Waxse is a retired United States Magistrate Judge from the United States District Court in Kansas City, Kansas. Judge Waxse received his B.A. degree from the University of Kansas in 1967 and his J.D. degree from Columbia University School of Law in 1970. He became a Magistrate Judge in 1999 and retired in 2017.
He is a Past-President of the Kansas Bar Association. He is also a member of the American Bar Association (Judicial Division), Judge Waxse is past Chair of the National Conference of Federal Trial Judges of the Judicial Division of the ABA and past Chair of the Judicial Division of the ABA. He also has been a co-chair of the Forensic Science in Criminal Justice Committee of the Judicial Division of the ABA.
He is also an Observer to The Sedona Conference Working Groups on Electronic Document Retention and Production (WG1)
In addition, prior to becoming a judge he was a member of the national boards of the American Civil Liberties Union, the Lawyer’s Committee for Civil Rights Under Law and the American Judicature Society.
David J. Lender is Co-Chair of Weil’s global Litigation Department and has more than 25 years of experience trying and litigating complex international commercial disputes in state and federal courts around the country, as well as in arbitration proceedings.
Mr. Lender’s multi-disciplinary practice encompasses matters involving RICO, patent, antitrust, consumer fraud, and contracts issues, among others, including in the class action context. He has tried numerous cases to verdict – many of which have resulted in his clients obtaining, or avoiding, hundreds of millions of dollars in damages. His longstanding clients include General Electric, Credit Suisse, ExxonMobil, Dow Chemical, Nuance Communications, WL Ross, Houghton Mifflin Harcourt, and eBay.
Mr. Lender is a recognized expert, author and frequent lecturer on electronic discovery issues. He is the co-author of the leading treatise on the subject, entitled Electronic Discovery: Law and Practice, originally published by Aspen Publishers in 2003, author of Privilege Issues in the Age of Electronic Discovery, originally published by BNA in 2008, and head of the Firm’s E-Discovery Task Force.
He is regularly recognized as a preeminent trial lawyer and litigator by leading industry publications. In 2018, Chambers USA again recognized him as among the top commercial litigators in New York. Clients in Chambers highlight his “keen intellect” and ability to “think through the evidence and trial strategy with clarity and efficiency,” and remark that he “consistently delivers winning results at extremely efficient cost.” Mr. Lender also was recognized in the 2018 edition of Benchmark Litigation as one of the Top 100 Trial Lawyers in America, and in the 2018 edition of BTI Consulting’s law firm industry report as a Client Service All-Star. In 2017, Legal 500 again named him among the leading trial lawyers nationwide.
Mr. Lender is on the Executive Board of New York Lawyers for the Public Interest and recently won a jury verdict in the Southern District of New York for a prisoner in a §1983 lawsuit.
Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990. He currently serves on the Board of Visitors of Duke University School of Law.
Gary A. Adler focuses on commercial litigation and represents both domestic and foreign companies in complex commercial law suits involving, antitrust, intellectual property, commercial tort, product liability, product warranty, and franchise claims in proceedings before state and federal courts throughout the United States, and before both domestic and international regulatory agencies and commercial arbitration panels. Gary also provides guidance to firm clients on a variety of issues relating to electronic discovery.
Gary acts as outside general counsel to numerous companies, providing regulatory guidance on a broad range of commercial matters, and as regulatory counsel, providing guidance on compliance with both federal and state product safety laws and regulations. Gary also speaks and writes regularly on electronic discovery topics.
James C. Francis IV is a Distinguished Lecturer at the CUNY School of Law where he teaches Electronic Discovery, Civil Procedure, Evidence, Federal Courts, and Constitutional Torts. From 1985 until 2017, he served as a United States Magistrate Judge in the Southern District of New York. Judge Francis received his B.A. from Yale College in 1974, his juris doctor degree from the Yale Law School in 1978, and a masters degree in public policy from Harvard University, also in 1978. Following graduation from law school, he clerked for the Honorable Robert L. Carter in the Southern District of New York. He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit. For more than a decade, Judge Francis taught Constitutional Torts as an Adjunct Professor at the Fordham University School of Law.
In the field of electronic data and the law, Judge Francis is the author of Rowe Entertainment, Inc. v. William Morris Agency, 205 F.R.D. 421 (S.D.N.Y. 2002) (allocation of costs), Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004) (obligation to preserve ephemeral data), Treppel v. Biovail Corp, 233 F.R.D. 363 (S.D.N.Y. 2006) (standards for preservation orders), Rozell v. Ross-Holst, 2006 WL 163143 (relevance of e-mails to claim of computer hacking), Treppel, 249 F.R.D. 111 (S.D.N.Y. 2008) (remedies for spoliation of electronically stored information), Richard Greene (Fine Paintings) v. McClendon, 262 F.R.D. 284 (S.D.N.Y. 2009) (consequences of destruction of electronically stored information), Orbit One Communications, Inc. v. Numerex Corp., 271 F.R.D. 429 (S.D.N.Y. 2010) (prerequisites for spoliation sanctions), Chen-Oster v. Goldman, Sachs & Co., 285 F.R.D. 294 (S.D.N.Y. 2012) (proportionality, sampling, and phased discovery), US Bank NA v. PHL Variable Ins. Co. , 2012 WL 5395249 (S.D.N.Y. 2012) (proportionality, cost-shifting, and privilege review), Mastr Adjustable Rate Mortgages Trust 2006-OA2 v. UBS Real Estate Securities, Inc., 295 F.R.D. 77 (S.D.N.Y. 2013) (preservation trigger, spoliation sanctions), In re Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 15 F. Supp. 3d 466 (S.D.N.Y. 2014) (extraterritorial reach of warrant for e-mail content), In re Application of U.S. for an Order Pursuant to 18 U.S.C. §§ 2703 (c) and 2703(d) Directing AT & T, Sprint/Nextel, T-Mobile, Metro PCS, and Verizon Wireless to Disclose Cell Tower Log Information, 42 F. Supp. 3d 511 (S.D.N.Y. 2014) (cell tower dump), Freedman v. Weatherford International, 2014 WL 4547039 (S.D.N.Y. 2014) (discovery on discovery), and Cat3, LLC v. Black Lineage, Inc., 164 F. Supp. 3d 488 (S.D.N.Y. 2016) (sanctions under amended Rule 37(e)). Judge Francis speaks frequently on electronic discovery and is a member of the Steering Committee of Sedona Conference Working Group 6 on International Electronic Information Management, Discovery and Disclosure; the Advisory Committee of the Georgetown Advanced E-Discovery Institute; and the Advisory Board of the Cardozo Data Law Initiative.
John J. Rosenthal is an antitrust and commercial litigation partner in the firm's Washington, D.C. office who represents clients around the globe in an array of complex antitrust and commercial litigation matters.
Mr. Rosenthal is also the chair of the firm's eDiscovery & Information Governance Practice Group, a full service e-discovery consulting operation. Mr. Rosenthal is one of five individuals ranked domestically and globally by Chambers in the field of e-discovery. With this background, he counsels a wide variety of companies on e-discovery, information governance, data security and privacy.
He is a former member of the Steering Committee of Working Group 1 of the Sedona Conference on Best Practices for Electronic Discovery and Records Management. Mr. Rosenthal is also an Advisory Board Member of the Georgetown University Law Center Continuing Legal Education E-Discovery Institute, where he is also on the faculty to the Institute and Academy programs. He has served as an advisory board member to various e-discovery companies.
Ronald J. Hedges is a Senior Counsel with Dentons US LLP. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2017. He is the chair of the Advisory Board of Digital Discovery & e-Evidence, a Bloomberg BNA publication, and is the principal author of the just-released third edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2017).
Steven C. Bennett is a partner at Scarola Zubatov Schaffzin PLLC in New York City, where he practices commercial litigation and arbitration. Steve is former Co-Chair of the New York State Bar Association E-Discovery Committee. He co-founded the Sedona Conference Working Group on International Discovery. He has taught E-Discovery Law at: Hofstra Law School, New York Law School and Rutgers Law School. Steve is on the Commercial Arbitration and Mediation panels of the American Arbitration Association. B.A., Macalester College; J.D., New York University School of Law.
Tess Blair is a litigator and legal entrepreneur who has practiced at the intersection of law, technology, and design for more than two decades. Tess is the founder and leader of Morgan Lewis’s eData practice, a data-driven practice that combines great lawyering with technology and design to enhance the delivery of legal services.
A practicing litigator, Tess serves as national discovery counsel to some of the world’s largest organizations. She counsels a host of Fortune 500 companies, conducting risk assessments and guiding her clients as they develop internal information governance policies and controls to address privacy, security, retention, and disposition of information and data. She also helps her clients develop defensible models for responding to requests for information in litigation or investigations and marshals resources for such contingencies to assist her clients in satisfying their discovery obligations.
For clients in litigation, Tess frequently serves as discovery counsel alongside her client’s trial counsel, as a core member of the litigation team, develops, and executes all aspects of the client’s discovery strategy as well as optimizing her client’s evidence gathering, analysis, and presentation. Her role as discovery counsel includes negotiating the scope and conduct of discovery, developing ESI protocols, protective orders, and specialized procedures for cross-border transfer of data subject to privacy laws. She takes and defends record custodian and discovery-related depositions, handles all discovery-related motion practice, and drives all managed review, analysis, and production.
As leader of eData, Tess works with her team, her colleagues, and clients to design and develop tools and techniques to improve the delivery of legal services. Tess built the eData practice into a multidisciplinary team of lawyers, technologists, business professionals, designers, developers, and data scientists who design and deliver legal products and services to enhance the Morgan Lewis client experience across the firm’s practices, industries, and disciplines. The eData team uses process design, automation, UX, product design, application development, machine learning, and augmented intelligence tools to develop technology, process, and service solutions built to meet our clients’ needs. A Six Sigma Green Belt, Tess invests heavily in training the entire eData team in Legal Project Management, Six Sigma and Legal Design.
Tess lectures regularly on civil procedure, eDiscovery, and data privacy—including cross-border discovery and data minimization—and writes frequently on eDiscovery, information governance, and data privacy for a variety of legal publications. She is the lead author of the eData Deskbook, currently in its third edition. Tess also serves as Special Discovery Master to the Eastern District of Pennsylvania. She has been Chambers ranked nationally for nine years and globally for seven years in electronic discovery. In 2019, Tess was named one of the Top Ten Most Innovative Lawyers in North America by the Financial Times. Tess holds a Master of Professional Studies on Law Firm Management and studied industrial design at the Philadelphia College of Art before completing an undergraduate degree in philosophy at Ursinus College. Bringing entrepreneurial experience to her clients, Tess started and operated a small business before entering law school.
Thomas Y. Allman is a retired General Counsel who currently serves as an Adjunct Professor of Law at the University Of Cincinnati College Of Law. Prior to retirement from BASF Corporation, he was an early advocate of what became current Rule 37(e) of the Federal Rules of Civil Procedure. He is Chair Emeritus of Sedona Conference® Working Group on Electronic Production and Retention (“WG 1”) and the Lawyers for Civil Justice E-Discovery Committee and has published and spoken widely on the topic of e-discovery, corporate compliance and state e-discovery rulemaking.
Ms. Jordan is President of Jordan Associates, a firm that provides arbitration and mediation services and consults with corporations looking to deliver legal services and manage litigation and compliance risk more strategically. Ms. Jordan serves on the AAA’s Commercial and Employment Panels, the International Institute for Conflict Prevention & Resolution’s (CPR) Panel of Distinguished Neutrals, and is included on the Northern District of Illinois’s list of mediators available for the Lanham Act Mediation Program. In addition to her work with Jordan Associates, Ms. Jordan represents multi-national corporations as well as start-ups on a variety of transactional matters as Of Counsel to the Chicago firm Mandell Menkes LLC.
From 1999 until 2004, Ms. Jordan served as Senior Vice President, General Counsel and Secretary of PeopleSoft, Inc., the world's second largest provider of enterprise application software with annual revenues of approximately $ 2.8 billion. Prior to joining PeopleSoft, Ms. Jordan was Vice President and General Counsel for Sega of America, Inc. Before that she was a partner in the Palo Alto firm, Carr & Ferrell, concentrating on litigation, licensing and intellectual property matters.
She has also held positions as Vice President and General Counsel for Worlds of Wonder, Inc., a manufacturer of electronic toys and games, and Assistant General Counsel for Dole Foods, Inc., a $2 billion food processing and real estate development corporation, and as Corporate Counsel with Beatrice Companies, Inc. and Gould Inc., both Fortune 500 companies.
Throughout her 30+ year legal career, Ms. Jordan has focused on commercial, intellectual property and technology law, representing clients with significant domestic and international patent, copyright and trademark portfolios. She has substantial experience drafting and negotiating complex commercial transactions, including M&A, joint ventures, technology licenses, outsourcing agreements and distribution deals. Ms. Jordan has also been involved in litigating numerous commercial and intellectual property disputes in both state and federal courts, including disputes related to intellectual property infringement, failed software development and failed implementations, breaches of contract and technology licenses, and agent and distributor terminations.
Ms. Jordan is a frequent speaker and author on technology, intellectual property and commercial topics and has been published in the National Law Journal. She is a contributor to “Winning Legal Strategies for Software Companies: Leading Lawyers on Protecting IP, Negotiating Contracts, and Creating Legal Game Plans.” She chaired the ABA Dispute Resolution Section’s Task Force on Early Dispute Resolution from 2014 - 2017. Ms. Jordan has served multiple terms on the International Trademark Association’s (INTA) Board of Directors, was on the American Law Institute’s Advisory Committee for the Restatement of Unfair Competition, and was on the Trademark Review Commission which drafted the Trademark Law Revision Act of 1988, the first major revision to U.S. trademark law since 1946. She also chaired INTA’s Brief Amicus Committee for several years, served on the Executive Committee of the California State Bar Intellectual Property Section, and was a member of an ABA Task Force on Security Interests in Intellectual Property.
Ms. Jordan received a J.D. from DePaul University College of Law and a B.A. from Northwestern University.
The chair of BakerHostetler’s Commercial Litigation practice team, Gil Keteltas is a trial lawyer with more than 25 years of experience litigating complex commercial, tort and government enforcement disputes on behalf of national and international corporations. Recognized by the National Law Journal as a 2016 Litigation Trailblazer for innovative trial advocacy, Gil’s experience spans practice areas and industries. He has advocated in courtrooms across the country on behalf of manufacturers, engineers, agricultural cooperatives and farmers, and has served as trial counsel in jury and bench trials.
Gil’s national trial practice benefits from his experience in electronic discovery. He brings a practical approach to e-discovery that recognizes the importance of focused advocacy in addressing the burdens, costs and opportunities of discovery in modern complex litigation. Gil is national ranked in e-discovery by Chambers USA, has authored of numerous publications concerning litigation and e-discovery; is active in The Sedona Conference; served on the Advisory Board, Planning Committee and faculty of Georgetown Law’s Advanced E-Discovery Institute; and regularly teaches seminars on electronic discovery and electronic evidence.
Maura R. Grossman is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, in Ontario, as well as an eDiscovery attorney and consultant in New York. Previously, Maura was of counsel at Wachtell, Lipton, Rosen & Katz, where for 17 years, she represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations, and advised lawyers and clients on legal, technical, and strategic issues involving eDiscovery and information governance, both domestically and abroad.
Maura is a well-known and influential eDiscovery lawyer. She is described in Who’s Who Litigation 2015 E-Discovery Analysis as “‘sensational’ according to her peers and . . . a ‘go-to’ in the area.” Chambers & Partners USA 2015 Litigation: E-Discovery described her as “the best-known person in the area of technology-assisted review; a superstar among superstars.” Maura’s scholarly work on TAR, most notably, Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient Than Exhaustive Manual Review, published in the Richmond Journal of Law and Technology in 2011, has been widely cited in case law, both in the U.S. and elsewhere. Her longstanding contributions to eDiscovery technology and process, including her multiple patents relating to TAR, were featured in the February 2016 issue of The American Lawyer.
Since 2010, Maura has served as co-chair of the eDiscovery Working Group advising the New York State Unified Court System. She has been a court-appointed special master, neutral/mediator, and eDiscovery expert to the court in multiple high-profile federal cases. Maura has provided eDiscovery training to federal and state court judges, by invitation of the court, and has testified, on several occasions, before the Advisory Committee on the Federal Rules of Civil Procedure and the Advisory Committee on Evidence Rules, at their invitation. She is an adjunct professor at Columbia Law School and the Georgetown University Law Center, where she teaches courses on eDiscovery. Previously, Maura taught at Rutgers Law School–Newark and Pace Law School.
Since 2012, Maura has been a member of the Steering Committee of The Sedona Conference® Working Group 1 on Best Practices for Electronic Document Retention and Production. Since 2008, she has been involved in the National Institute of Standards and Technology’s Text Retrieval Conference (“TREC”); in 2010 and 2011, as coordinator of the Legal Track, and since 2015, as coordinator of the Total Recall Track. Maura serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery & e-Evidence Report, the Georgetown University Law Center’s Advanced eDiscovery Institute, the Benjamin N. Cardozo School of Law’s Cardozo Data Law Initiative, and the Annual Arizona State University (“ASU”)-Arkfeld eDiscovery and Digital Evidence Conference.
Maura graduated with an A.B., magna cum laude, from Brown University. She earned M.A. and Ph.D. degrees in Clinical/School Psychology from the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University, and a J.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center. While at Georgetown, Maura served as Executive Notes and Comments Editor of the Georgetown Law Journal.