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The Ethics of Electronic Information 2018: Competence, Confidentiality, and Other Ethical Conundrums


Speaker(s): Angela R. Vicari, Gail Gottehrer, Ronald J. Hedges
Recorded on: Oct. 19, 2018
PLI Program #: 220668

Angela R. Vicari has considerable experience in product liability and mass tort defense and complex litigation. Her work and growing presence in the industry has been widely recognized.

In her product liability and mass tort practice, Ms. Vicari has defended product manufacturers in lawsuits in state and federal courts, including the coordination of the nationwide defense and multidistrict litigation proceedings of hundreds of cases involving medical devices, pharmaceutical products and consumer products, among others.

In her commercial litigation practice, Ms. Vicari has represented global financial institutions, pharmaceutical companies and hedge funds in disputes in state and federal court, as well as in adversary proceedings in the bankruptcy courts. Her experience is varied and has included breach of contract, fraud and securities matters.

Complex Commercial Litigation Experience

  • Low-cost Indian airline in an arbitration in the ICC International Court of Arbitration.
  • Large pharmaceutical manufacturer in an action brought by venture capitalists alleging breach of a merger agreement.
  • Australian court-appointed liquidators of Octaviar Administration Pty Limited in an action before the United States District Court for the Southern District of New York against Drawbridge Special Opportunities Fund, Fortress Investment Group and certain of their affiliates. The action sought damages of approximately US$350 million and involved various claims under New York law and Australian law.
  • Major financial institution in lawsuits seeking recovery for breaches of interest rate swap agreements.

Product Liability and Mass Tort Experience

  • Irving Oil, Canada's largest refinery, in a suit brought by the State of Vermont seeking statewide remediation of groundwater.
  • Boston Scientific Corporation in litigation involving coronary stents. Won dismissal of several suits on federal preemption grounds, and served as counsel in coordinated proceedings in Massachusetts state court. (Named an Impact Case of the Year: Product Liability by LMG Life Sciences in 2014.)
  • Pfizer in litigation regarding a prescription contraceptive injection.
  • Pfizer in litigation involving a prescription antibiotic.
  • Pfizer in asbestos litigation.
  • Endo Pharmaceuticals and Qualitest Pharmaceuticals in the defense of lawsuits relating to a recall of several oral contraceptive products.
  • Rawlings, a sports equipment manufacturer, in two lawsuits arising from professional baseball. One case, involving a professional player who suffered a head injury after being struck by a pitch, was resolved without any finding of liability. The other matter was brought by a spectator at a New York Mets game when he was hit by a broken bat that flew into the stands. That case was dismissed without prejudice.

Education

  • JD, Columbia Law School, 2004
  • BA, Politics and History, New York University, 2001, magna cum laude

Admissions

  • New York
  • US District Courts for the Southern and Eastern Districts of New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Seventh Circuit

Recognition

  • The Legal 500 US
    "Next Generation Lawyer" – Dispute Resolution: General Commercial Disputes (2017-2018)
  • Benchmark Litigation
    “Future Star” (2015)
  • Chambers
    Women in Law Awards "Future Leader (Private Practice)" Shortlist (2015)
  • Law360
    "Product Liability Rising Star” (2012, 2017)
  • Legal Media Group
    Americas Women in Business Law "Rising Star in Litigation” Shortlist (2013 and 2014)
  • New York Law Journal
    "Lawyer Who Leads By Example" (2012)

Professional and Community Activities

  • Member, City Bar Association E-Discovery Task Force
  • Chair, Young Lawyers Committee, Association of the Bar of the City of New York (2011-2014)
  • Intern, Women's Sports Foundation
  • Member, NYU Athletics Hall of Fame Committee

 


Gail Gottehrer is the Founder of the Law Office of Gail Gottehrer LLC.  Her practice focuses on emerging technologies, including autonomous vehicles, artificial intelligence, the Internet of Things, virtual reality, and biometrics, and the privacy laws, cybersecurity requirements and ethical issues associated with the data these technologies collect and use.  She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.

Gail has taught Law for Knowledge Innovation at Columbia University, and is a Fellow at the Center for Legal Innovation at Vermont Law School.  She has given technology-related presentations for judges through the National Judicial College and the New York State Judicial Institute, and recently gave a talk on Emerging Technologies and Evolving Legal Issues: Biometrics, Facial Recognition Technology, Drones and Autonomous Vehicles at Syracuse University Law School.

Gail Co-Chairs the New York State Bar Association’s Technology and the Legal Profession Committee, and is a member of the New York State Bar Association’s Transportation Law Committee.  She Chairs the American Bar Association’s TIPS Automobile Litigation Committee, and Co-Chairs the National Association of Women Lawyers’ IP & Technology Affinity Group.  She is a Member of the IEEE P7014™ Working Group that is developing a Standard for Ethical Considerations in Emulated Empathy in Autonomous and Intelligent Systems and the State of Connecticut’s Task Force to Study Fully Autonomous Vehicles.  Gail Co-Chaired the Regulatory, Safety, Law and Policy Subcommittee of the New York State Bar Association’s Task Force on Autonomous Vehicles and the Law.

An internationally recognized thought leader, Gail served as a peer reviewer for Interpol’s Framework for Responding to a Drone Incident and presented a session on data privacy and security at Interpol’s Car Cyber Threats Expert Group Meeting in London in September 2019.  A member of the Atomium – European Institute for Science, Media and Democracy’s AI4People 2020 Automotive Committee, she co-authored a paper entitled AI4People: Ethical Guidelines for the Automotive Sector – Fundamental Requirements and Practical Recommendations that was published in the International Journal of Technoethics (Volume 12, Issue 1, January-June 2021).  She is also a member of the ITU’s Focus Group on AI for Autonomous and Assisted Driving.

Gail’s other recent publications in the autonomous vehicles space include an article published by Bloomberg titled, Mobilizing “Digital First Responders”: Level 4 Autonomous Vehicles, and two articles published by the American Bar Association titled, Can States Steer Clear of Liability for Accidents Involving Autonomous Vehicle Technology?, and The Intersection of the Fourth Amendment and Level 5 Vehicle Autonomy.

Gail was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM and one of the Connecticut Technology Council’s 2016 Women of Innovation.  She is a graduate of the University of Pennsylvania Law School, and served as a law clerk to the Honorable Murray C. Goldman, in the Philadelphia County Court of Common Pleas.  Gail is admitted to practice in New York, New Jersey, Connecticut, and Pennsylvania.

 

 


Ronald J. Hedges, J.D., 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 2007. Mr. Hedges is a frequent writer and speaker on various topics related to, among other things, electronic information and is the lead author of Managing Discovery of Electronic Information: A Pocket Guide for Judges, Third Edition (Federal Judicial Center: 2017), https://www.fjc.gov/content/323370/managing-discovery-electronic-information-third-edition. He is also the Co-Senior Editor of The Sedona Conference Cooperation Proclamation:  Resources for the Judiciary, Third Edition, https://thesedonaconference.org/sites/default/files/Judicial%20Resources%20publication%20announcement.pdf. His full biography is available at https://www.dentons.com/en/ronald-hedges.