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Electronic Discovery Institute 2017: What Corporate and Outside Counsel Need to Know


Speaker(s): Ariana J. Tadler, Ashish Prasad, David J. Lender, Gilbert S. Keteltas, Hon. Andrew J. Peck (Ret.), Hon. David J. Waxse (Ret.), Hon. James C. Francis IV (Ret.), Jeffrey J. Fowler, John J. Rosenthal, Maura R. Grossman, Steven C. Bennett, Vincent M. Catanzaro
Recorded on: Sep. 18, 2017
PLI Program #: 186125

“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.

REPRESENTATIVE MATTERS

  • Steering Committee, In re Target Corporation Customer Data Security Breach Litigation. Representing consumers in a class action accusing Target Corp. of failing to protect customers from a massive data breach during the holiday shopping season.
  • Interim Lead Counsel, Frito-Lay North America, Inc. “All Natural” Litigation, In re ConAgra Foods, Inc., Bevans v. General Mills, Inc., and In re Kellogg v. General Mills.Representing classes of consumers in a series of cases involving the alleged misrepresentation of GMO food products as “all natural”; the cases involve front-line legal issues, cutting-edge discovery negotiations and complex disputes and motions.
  • Lead Counsel, Ener1 v. PricewaterhouseCoopers. Recently represented an alternative energy company in its claims of negligence against one of the Big 4 accounting firms.Case settled on confidential terms.
  • Co-lead Counsel, Ironworkers District Council of Philadelphia & Vicinity Retirement & Pension Plan v. Andreotti. Representing a pension fund in a stockholder derivative action brought on behalf of E. I. du Pont de Nemours and Company seeking relief due to the former and present members of DuPont’s board of directors’ and executive officers’ breaches of fiduciary duties, misrepresentations, and corporate waste relating to its infringement of Monsanto’s patent, which resulted in a trial and $1 billion judgment and involved an order for sanctions.
  • Special Discovery Counsel, Republic of Colombia, et al. v. Diageo North America, Inc. Represented the government of Colombia, serving as Special Discovery Counsel, in its pursuit of claims alleging smuggling and illegal sales of alcohol by several international companies for violation of United States RICO statutes and other common law claims.Engagement encompassed identifying relevant information responsive to defendants’ requests, confirming and guiding preservation practices, and interviewing and collecting data from more than 100 custodians in 23 Colombian Departments (Colombia’s equivalent to our States in the U.S.).Team also reviewed and produced data in the ongoing litigation, and was tasked with ensuring compliance with the various privacy laws of Colombia and the United States with regard to personal data, controlled data and the transfer of sensitive information -- all hot topics in the area of E-Discovery today.
  • Plaintiffs Liaison Counsel (court-appointed), Lead Counsel and Executive Committee Member, Initial Public Offering Securities Litigation. Represented investors in 300+ securities class actions alleging a market manipulation scheme involving hundreds of initial public offerings and 55 prominent defendant investment banks.Through aggressive litigation, plaintiffs’ counsel obtained a settlement totaling $586 million.This case is notable for the unique strategies that were employed to manage this mammoth litigation.Milberg was at the forefront of dealing with complex discovery issues and crafted innovative tools to streamline the process.As a member of the court-appointed Plaintiffs’ Executive Committee and as a court-appointed liaison counsel, Ms. Tadler oversaw the efforts of approximately 60 plaintiffs’ firms in combating some of the most well-respected defense firms in the nation.The case was so large and included such extensive discovery that it required its own off-site headquarters, including approximately 100 personnel from various firms dedicated solely to the prosecution of the matter and supervised and managed, in substantial part, by Milberg personnel.
  • Lead Counsel, In re MicroStrategy Securities Litigation, one of three cases litigated in the Eastern District of Virginia (a/k/a the “Rocket Docket”) in less than four years. Negotiated settlements valued at more than $150 million.

HONORS & RECOGNITIONS

  • ALM:Women Leaders in the Law (2014)
  • AVENUE Insider Legal Elite New York City’s Top Women Securities Law Attorneys (2011-2012)
  • Benchmark Litigation:Star (2015-2016)
  • Benchmark Plaintiffs’ Litigation: New York Litigation Star (2011-2014)
  • Benchmark Top 250 Women Litigator (2014)
  • Chambers Global Guide:Leading Lawyers in E-Discovery (2015)
  • Chambers USA 2015:Nationwide, Litigation: E-Discovery (2015)
  • Chambers USA: America’s Leading Lawyers for Business (2014)
  • Development School for Youth Honoree (2013)
  • Fellow of the Litigation Counsel of America
  • Lawdragon 500 (2009-13)
  • Manhasset Lacrosse Hall of Fame (2008)
  • Martindale Hubbell AV® Preeminent (highest rating)
  • MFY, Partners in Justice Award (2010)
  • Super Lawyers (2010-15)
  • Super Lawyers “Top 50 Women Attorneys in New York Metro Area” (2014-2015)
  • Super Lawyers “Top 100 Overall Lawyer in New York City” (2015)
  • The Fellows of the American Bar Foundation (2012)
  • Women's Venture Fund Highest Leaf Award (2011)

PROFESSIONAL & CIVIC ENGAGEMENTS

  • American Association for Justice, Member
  • American Bar Association, Member
  • American Bar Foundation, Fellow
  • Bloomberg BNA, eDiscovery Board of Advisors
  • Cardozo Data Law Initiative, Executive Director
  • Federal Bar Council, Member
  • Fordham Law Small to Midsize Law Firm Advisory Council
  • Georgetown University Law Center Advanced E-Discovery Institute, Advisory Board and Planning Committee Member
  • MFY Legal Services Inc., Board Member and Past Chair (2008-2010)
  • Milberg Client Development and Marketing Committees, Chair
  • Milberg Hiring, Diversity, Technology, and Women’s Committees, Member
  • National Association of Consumer Advocates, Working Member
  • National Association of Women Lawyers, Member
  • New York County Lawyers Association, Member
  • New York State Bar Association, Member
  • New York Women’s Bar Association, Member
  • Seventh Circuit, Electronic Discovery Pilot Program
  • Southern District of New York, Advisory Committee of the Judicial Improvements Committee
  • The New York Inn of Court, Vice President
  • The Sedona Conference® (the leading “think-tank” on e-discovery), Board of Directors; Chair Emeritus (and Past Chair, 2007-2012), Steering Committee for Working Group 1 on Electronic Document Retention and Production
  • WomenToKnow, Advisory Board

Education:

B.A., Hamilton College, 1989

J.D., Fordham University School of Law, 1992

Admitted:

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, as well as in arbitrations.

Mr. Lender’s practice encompasses matters involving RICO, patent, antitrust, consumer fraud, and contracts issues, among others, including in the class action context. He has tried more than 20 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, Eli Lilly, ExxonMobil, Dow Chemical, Nuance Communications, WL Ross, Houghton Mifflin Harcourt, and eBay.

Mr. Lender is a recognized expert on electronic discovery issues. He is the co-author of the leading treatise on the subject, Electronic Discovery: Law and Practice, originally published by Aspen in 2003, author of Privilege Issues in the Age of Electronic Discovery, originally published by BNA in 2008, and Head of Weil’s E-Discovery Task Force.

He is regularly recognized as a preeminent trial lawyer and litigator by leading industry publications, including Chambers USA, Benchmark Litigation, Legal 500, and The National Law Journal.

Mr. Lender is on the Executive Board of New York Lawyers for the Public Interest and regularly works with NYLPI on a wide range of pro bono projects, including on behalf of special education students, the disabled, and veterans.

Mr. Lender received his J.D. degree with High Honors, Order of the Coif from 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.


James C. Francis IV is a Distinguished Lecturer at CUNY Law School, where he teaches Civil Procedure, Federal Courts, Constitutional Torts, and Electronic Discovery.  Previously, he was a United States Magistrate Judge in the Southern District of New York from 1985 to 2017 and served as Chief Magistrate Judge from 1998 to 2000.  Judge Francis graduated summa cum laude from Yale College in 1974, where he was a member of Phi Beta Kappa.  He received his juris doctor degree from the Yale Law School in 1978 and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University in the same year.  Following graduation from law school, Judge Francis 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 until his appointment to the bench.  From 2003 until 2017, Judge Francis was an Adjunct Professor at the Fordham University School of Law.    He has served on the Legal Assistance, Federal Courts, Disability Rights, and Professional Responsibility Committees of the New York City Bar Association and the Federal Judiciary Committee of the New York State Bar Association.  Judge Francis lectures frequently on electronic discovery, employment litigation, constitutional torts, legal ethics, and pretrial practice.  


Jeffrey Fowler is a litigation partner of O’Melveny & Myers and chair of the Firm’s Electronic Discovery and Document Retention Practice Group.  Founded by Jeff in 2005, the group comprises several full-time associates, 35 staff attorneys, and 12 technologists--all dedicated to handling e-discovery issues.  Jeff serves as eDiscovery counsel for a broad spectrum of clients and appears as the lead lawyer responsible for e-discovery issues in complex litigations and investigations, including many not otherwise handled by his firm.  Jeff has argued both sides of several evidence spoliation matters and other e-discovery issues of first impression.  He is a regular speaker at PLI and is the coauthor of the BNA practice guide, Preserving Electronic Information: A Practical Approach.


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.


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.


Vincent M. Catanzaro works with clients to develop best practices and untangle issues related to information governance, data preservation, litigation management, and international and cross-border collection. With a focus on strategic solutions to litigation and investigation complexities, Vince helps companies create policies governing information management and social networking, and navigate the technology implications related to mergers and acquisitions.

Before joining Morgan Lewis, Vince was of counsel at an international law firm, resident in Philadelphia. Prior to that, he served as senior counsel, global discovery manager for E. I. du Pont de Nemours and Company. In this role, he counseled on how best to comply with evolving legal standards relating to discovery; guided and supported the legal teams in the development of eDiscovery response strategies and the use of litigation technology; coordinated, managed and monitored the work of the company’s discovery vendors; and created and oversaw DuPont Legal’s Discovery Excellence Center, which was named one of Inside Counsel Magazine’s Top 10 Innovative Legal Departments for 2013.

Prior to joining DuPont, Vince practiced in suburban Philadelphia where he concentrated on construction litigation at the state and federal level, representing a diverse client base from industry suppliers to individual contractors in contract disputes, design interpretation, zoning matters, and sales agreements.


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, hospitality companies, agricultural cooperatives and farmers, and has served as trial counsel in jury and bench trials. 

Gil also is experienced in coordinating and leading the defense of multi-jurisdictional, multi-party disputes – including disputes involving a mix of government and private plaintiffs – and in developing and implementing litigation risk-reduction strategies before litigation is filed.

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 ranked by Chambers USA in E-Discovery and clients and peers recognize Gil as “a notable electronic discovery expert with significant trial experience” (Chambers USA 2018).

Gil is the author of numerous publications concerning e-discovery, has been active in The Sedona Conference, has served on the Advisory Board, Planning Committee and Faculty of Georgetown Law's Advanced E-Discovery Institute and has served on the faculty of PLI on a range of electronic discovery topics.


The Honorable Andrew J. Peck served for 23 years as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience.

At DLA Piper, Judge Peck advises on innovative and efficient solutions to the challenges of information management, both within and outside the litigation context. He frequently speaks at conferences concerning eDiscovery issues. Judge Peck also is available to serve as an arbitrator, mediator and Special Master.

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. Indeed, he is widely described as the first judge to tackle the subject of e-discovery head on, most notably in the influential 1995 decision Anti-Monopoly v. Hasbro, in which Judge Peck found that “it is black letter law that computerized data is discoverable if relevant.” Also among his legacy rulings is the 2011 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, the first judicial decision approving the use of technology-assisted review. In March 2018, the New York Law Journal called Judge Peck “one of e-discovery’s most influential figures.”

Among the honors he has received, American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator.

 


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.