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Ethics in Discovery 2018


Speaker(s): Andrea L. D'Ambra, Claudia T. Morgan, Lan Hoang, Philip N. Yannella
Recorded on: Jun. 27, 2018
PLI Program #: 221959

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).

 

 

 


Lan Hoang focuses her practice on complex commercial litigation matters in the areas of financial fraud and asset recovery, intellectual property, business torts, insolvency, professional malpractice, breach of contract and insurance coverage. Her experience involves proceedings in federal and state courts, as well as arbitrations and mediations. Lan served on the Supreme Court of New Jersey District Ethics Committee, District V-A from 2010 through 2014, investigating and prosecuting grievances against New Jersey attorneys charged with unethical conduct under the Rules of Professional Responsibility adopted by the Supreme Court of New Jersey. She also served on ethics hearing panels considering grievances against attorneys.

Lan is on the faculty of the Practicing Law Institute and has served as chair for the New Jersey Basic CLE Marathon. She also is the former co-chair of the firm’s New York Women's Committee, and a current member of the New York office’s Diversity Committee and Recruiting Committee.

Experience

  • Represented a major publishing firm in a putative class action brought by an author alleging breach of contract and breach of both good faith and fair dealing of the foreign royalties provision of a publishing agreement.
  • Represented a major publishing company in connection with copyright claims concerning application software related to an internet portal for a major aspect of the company's business.
  • Defended a major internet portal in a trademark infringement action in connection with the naming of a spinoff business unit.
  • Represented, as lead attorney, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC in recovery actions against hedge funds, funds of funds, investment banks, and other financial institutions and fiduciaries.
  • Counseled a major financial, publishing and business services company in connection with data distribution and licensing agreements.
  • Represented a government authority in a Securities and Exchange Commission investigation regarding auction rate securities.
  • Represented a multimillion-dollar investor in securities, corporate governance and breach of contract disputes regarding ownership of an importer attempting to pioneer the U.S. distribution of China-built vehicles.
  • Represented a foreign national in a multibillion-dollar, multijurisdictional trusts and estate dispute.
  • Defended an international electronics manufacturer and distributor in nationwide consumer fraud class actions.


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.