Skip to main content

The Ethics of Electronic Information 2019: Competence, Confidentiality, and Other Ethical Conundrums


Speaker(s): Angela R. Vicari, Gail Gottehrer, Hon. Lisa Margaret Smith, Hon. Tanya R. Kennedy, Ronald J. Hedges
Recorded on: Oct. 11, 2019
PLI Program #: 247828

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.

 

 


Hon. Tanya R. Kennedy was appointed in July 2020 as an Associate Justice of the Appellate Division, First Department by Governor Andrew M. Cuomo.  Prior to her appointment, Justice Kennedy served as a Justice of the Supreme Court, New York County, commencing in January 2016, after election in November 2015.  She was elected to Civil Court in November 2005 and thereafter served in Criminal Court (January 2006-September 2008), Civil Court (September 2008-December 2009), Family Court (January 2010-December 2010), as Acting Supreme Court Justice (January 2011-December 2012) and as Supervising Judge of Civil Court, New York County (January 2014-December 2015).  She is also a former Adjunct Professor at Fordham University School of Law, where she taught a Juvenile Justice seminar for ten years.

Before her election to Civil Court, Justice Kennedy served as Principal Law Clerk to Hon. Barry A. Cozier when he was an Associate Justice of the Appellate Division, Second Department (March 2001-December 2005) and when he was a Justice in the Commercial Division, New York County (May 1999-March 2001). Prior to her clerkship with Justice Cozier, Justice Kennedy served in the Office of the Corporation Counsel, New York City Law Department, as an Assistant Corporation Counsel in the Bronx Family Court Division (August 1992-August 1994) and in the Bronx Tort Division (August 1994-August 1997), where she was promoted to Tort Trial Specialist and later to Assistant Deputy Chief. 

Justice Kennedy is a member of the Board of Directors of the New York City Bar Association and past chair of the organization’s Special Committee to Encourage Judicial Service. She is also an Executive Committee member of the Women in Law Section of the New York State Bar Association; member of the Committee on Pattern Jury Instructions of the Association of Supreme Court Justices of the State of New York; member of the Board of Overseers of the Benjamin N. Cardozo School of Law, where she received her law degree; and an Advisory Board Member of Penn State Law.  Justice Kennedy is also the Past President of the National Association of Women Judges (NAWJ).

A frequent speaker at various conferences, she has received numerous professional awards, including the 2021 John E. Higgins, Esq. Diversity Trailblazer Award from the New York State Bar Association; the 2020 Inspiration Award from the New York Coalition of Women’s Initiatives in Law; and the 2015 Alumni of the Year Award from Benjamin N. Cardozo School of Law. 


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.


The Honorable Lisa Margaret Smith served as a United States Magistrate Judge for the Southern District of New York from 1995 until her retirement in September, 2020. She sat in the Charles L. Brieant, Jr. Federal Building and United States Courthouse in White Plains. From 2006-2008 she served as the Chief Magistrate Judge for the SDNY.

Prior to being appointed to the bench, Judge Smith was an Assistant United States Attorney in the Criminal Division of the United States Attorney's Office for the Southern District of New York (1987-1995).  Before becoming an AUSA she served as a Kings County (NY) Assistant District Attorney from 1980-1985, rising to Supervising Senior ADA in the Appeals Bureau, following service in several other bureaus.  From 1985-1986 Judge Smith was an Assistant Attorney General in the Appeals and Opinions Division of the New York State Department of Law, located in Albany.  She represented the State of New York on appeals in state and federal courts throughout New York, and she co-authored an amicus curiae brief on behalf of the National Association of State Attorneys General filed in the Supreme Court of the United States.  In 1986 Judge Smith re-joined the Kings County District Attorney’s Office as a Supervising Senior ADA.  She remained there until 1987, when she became an AUSA for the Southern District of New York.

Judge Smith has served the Westchester Women's Bar Association (WWBA) for many years, as co-chair of the Outreach Committee, a Local Elected Director, a Vice-President, President-Elect, and most recently as President during the 2020-2021 year. WWBA held 50 substantive programs during Judge Smith's year as President, notwithstanding the pandemic. Essentially all of the programs were presented remotely. 

She is also active in the Federal Magistrate Judges Association, the Federal Bar Council, the Federal Bar Association, for which she has served as a Circuit Vice President, and JALBCA.  In 2014 Judge Smith was honored to receive the Judith S. Kaye Access to Justice Award from the Women's Bar Association of the State of New York; in 2018 Judge Smith was also honored to receive the Kay Crawford Murray Award from the New York State Bar Association’s Committee on Women in the Law.  Judge Smith was nominated for both awards by the WWBA.

Judge Smith has been an Adjunct Professor at the Elisabeth Haub School of Law at Pace University (formerly Pace Law School) since 2006, where she has taught Evidence and Federal Courts, and co-teaches Civil Procedure with Professor Michael B. Mushlin.  Judge Smith frequently lectures at CLE and Bar Association programs, with a particular focus on e-discovery and evidence.  She is a regular participant in events which educate children about the courts, including Take Your Children To Work Day, an annual program of the WWBA, as well as visits to the Courthouse by school and scout groups, and she advises the Rye Neck High School Mock Trial Team.

Judge Smith earned her BA degree, with honors in political science, from Earlham College in Richmond, Indiana in 1977, and her JD degree from Duke University School of Law in Durham, North Carolina in 1980, where she was a member of the Moot Court Board.  She is a member of the Boards of Editors of the Federal Courts Law Review, an on-line and print journal of the Federal Magistrate Judges Association, and of the Federal Bar Council Quarterly

Judge Smith published an article, co-authored with Professor Mushlin, entitled "The Professor and the Judge: Introducing First-Year Students to the Law in Context."  The article appears in the Journal of Legal Education, Volume 63, number 3 (February 2014).  Judge Smith also wrote an article entitled "Top Ten Things You Probably Never Knew About Magistrate Judges," published in The Federal Lawyer in May, 2014.  She has also contributed numerous articles to the Federal Bar Council Quarterly.