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Government Investigations 2020: Investigations Arising from Data Breach and Privacy Concerns and Parallel Proceedings


Speaker(s): Christine M. Ryall, Elizabeth Roper, Erich P. Schork, Hon. Lisa Margaret Smith, Jonathan E. Swerdloff, Julie Lewis, Kamil R. Shields, Kathleen A. McGee, Kiran Patel, Manfred Gabriel, Patrick Butts, Ronald J. Hedges
Recorded on: Jan. 31, 2020
PLI Program #: 275704

Erich P. Schork is the Vice President of Barnow and Associates, P.C.  His practice focuses on representing plaintiffs in privacy, automotive defect, deceptive trade practice, and antitrust class action cases.  He has represented individuals, municipalities, and financial institutions in a number of data breach class action matters. His appellate achievements in data breach cases include successfully arguing appeals before the United States Courts of Appeals for the Third, Sixth, and Seventh Circuits. In all three of these decision, the Court of Appeals reversed the decision of the lower court.  

Mr. Schork graduated from the University of Illinois College of Law.  


Julie Lewis, President, CEO and Founder of Digital Mountain, has over 20 years of experience working in the high technology industry primarily in data security, computer forensics and electronic discovery. Prior to founding Digital Mountain, Julie worked at VERITAS Software with next-generation storage, security and search companies. At VERITAS, she managed operations for new product releases across sales, marketing, product management, legal, engineering and customer support. Before joining VERITAS, Julie worked in the venture capital and investment banking industries in both the Silicon Valley and Boston areas focusing on the Internet Infrastructure, security and software sectors. In addition, Julie worked for two of the Big 4 accounting firms doing financial and IT auditing, as well as M&A due diligence as a CPA. She also worked for Applied Magnetics, a publicly traded provider of disk and tape drive components. Julie earned an MBA under fellowship from the F.W. Olin Graduate School of Business at Babson College and a BA in both Business Economics and Sociology from the University of California at Santa Barbara. She is a member of the High Tech Crime Investigation Association (HTCIA), American Bar Association, Sedona Conference's Working Groups on E-mail Management and Archiving (WG1) and Data Security and Privacy Liability (WG11), Cloud Security Alliance and has received her EnCE (Encase Certification in Computer Forensics). Julie is the founding Director of the Silicon Valley Chapter of Women in eDiscovery.


Kamil Shields is a special counsel in the Firm’s Litigation Group. Her practice focuses on investigations and regulatory enforcement proceedings involving cybercrime matters, public corruption, and bank and wire fraud.

Ms. Shields rejoined the Firm in 2019 from the United States Attorney’s Office for the District of Columbia, where she served as an Assistant United States Attorney in both the Cyber Crime and Fraud and Public Corruption sections. In her capacity as an Assistant United States Attorney, Ms. Shields served as lead prosecutor in 13 jury trials, investigated and indicted dozens of cases, drafted and argued procedural and substantive motions, worked with expert witnesses, and coordinated with victims of fraud and other crimes.

Her representative matters include the prosecution of individuals engaged in concerted business email compromise schemes through means of ransomware, cyber intrusions resulting in the unlawful acquisition of personal identifying information used to commit wire and bank fraud affecting thousands of victims, an extortionate racketeering scheme involving demands for virtual currency, and romance scam frauds in which victims were induced to pay monies by means of social engineering. Ms. Shields was part of the team that successfully litigated the requisite standard by which the government may compel biometric access to electronic devices during the execution of a search warrant, an issue of first impression in the District of Columbia. Additionally, Ms. Shields investigated several high-profile public corruption and fraud matters involving, among others, alleged violations of the federal false statements, obstruction, and perjury statutes, and the Foreign Corrupt Practices Act. Ms. Shields received several special achievement awards for her efforts in the office. She is a member of The Edward Bennett Williams American Inn of Court, an invitation-only professional organization devoted to advancing the practice of white collar criminal prosecution and defense.

Prior to her government service, Ms. Shields was an associate in Sullivan & Cromwell’s New York office, where she focused on complex financial litigation and investigations. While an associate at S&C, Ms. Shields was recognized as a “Rising Star” by New York Super Lawyers (2013, 2014).


Manfred Gabriel is an attorney in Holland & Knight's New York office who leads the firm's Legal Support Services organization. In this role, Mr. Gabriel oversees Holland & Knight's comprehensive and integrated eDiscovery and fact-finding unit, which assists clients in managing the risks and costs of eDiscovery by leveraging advanced technology and workflows. In addition, he provides clients with a wide range of services from enterprise-level eDiscovery management to delivery on large, complex eDiscovery projects. He has assisted clients in:

  • responding to litigation eDiscovery requests, including data identification and collection, data processing and hosting, and structuring document reviews, quality control and document productions
  • advanced eDiscovery workflows, with a particular focus on technology-assisted review or predictive coding,
  • statistical sampling and statistical process control, as well as streamlining and integrating the various aspects of complex eDiscovery projects
  • data privacy and General Data Protection Regulation (GDPR), especially for international companies active in the U.S.
  • litigation readiness, litigation holds and data preservation
  • sophisticated fact development to minimize the risk in litigation while strengthening the client's case

As an antitrust attorney, Mr. Gabriel has successfully assisted clients in responding to large, fast-paced regulatory requests. He has worked with Fortune 1000 companies in several industries, including high-tech, transportation, pharmaceuticals and financial services. Mr. Gabriel has testified as a 30(b)(6) witness on eDiscovery process and data spoliation issues.

In addition, Mr. Gabriel teaches eDiscovery at Benjamin N. Cardozo School of Law in New York.

Prior to joining Holland & Knight, Mr. Gabriel led the managed-review offering for a multinational professional services network. In addition, he led global engagements (including time in India to lead a team of 70) in eDiscovery, contract intelligence and litigation readiness. Mr. Gabriel also consulted on data privacy and cross-border discovery, including GDPR and International Traffic in Arms Regulations (ITAR).


Christine Ryall is a Chief Trial Attorney with the Division of Enforcement of the U.S. Commodity Futures Trading Commission in Washington, D.C.  Since joining the CFTC in March 2000, Ms. Ryall has conducted and supervised numerous investigations of violations of the Commodity Exchange Act and Commission Regulations and represents the CFTC in enforcement actions in federal district courts throughout the U.S.  Prior to joining the CFTC, Ms. Ryall served as a Senior Counsel with the Florida Real Estate Commission in Orlando, Florida, handling administrative evidentiary hearings and proceedings before state appellate courts.  Ms. Ryall also served as an Assistant Public Defender with the Second Judicial Circuit of Florida in Tallahassee, Florida, as first-chair in numerous jury and bench trials, hearings, and appeals in a variety of criminal cases.  Ms. Ryall holds a J.D. from the University of Florida and an M.B.A. from Clemson University.


Elizabeth Roper is the Chief of the Cybercrime and Identity Theft Bureau (CITB) at the New York County District Attorney’s Office. She oversees a staff of approximately 70 people, including the attorneys and analysts who handle CITB’s investigations and prosecutions; the Cybercrime Intelligence Unit; and the High Technology Analysis Unit (HTAU), which is responsible for the digital forensics work across the D.A.’s office. CITB handles prosecutions involving cybercrime and cyber-enabled crime, including computer and network intrusions, data breaches and intellectual property theft, child pornography, identity theft, check and credit card fraud, and money laundering.  Liz received her J.D. from Fordham University School of Law in 2006.


Jonathan Swerdloff is a Consultant at Driven, Inc. Prior to joining Driven, Jonathan was a litigation associate at Hughes, Hubbard & Reed LLP, accumulating more than 10 years experience in eDiscovery that included managing large discovery projects, analysis of enterprise systems, and investigations into nontraditional data sources.

Through his experience as a litigator and programmer, Jonathan focused primarily on creative problem solving with regard to all data types. He analyzed and produced complex enterprise systems and developed internal workflows for large litigations. He deployed Information Governance strategies, has extensive experience with structured data collection, analysis, and production, and has served as an expert witness. His experience also includes developing cost-saving legal processes, managing legal budgets, and supervising legal personnel. Jonathan is admitted to the bars of New York and Connecticut. He holds a J.D. from the Cardozo School of Law and an MPS from NYU’s Tisch School of the Arts Interactive Telecommunications Program, where he studied rapid prototyping and software development. Jonathan is also an adjunct professor at the Parsons School of Design, teaching a Masters-level course in regulatory and ethics contexts for product designers. Jonathan previously served as the Director of Legal Strategy at the Corporate Knowledge Strategies Forum.


Kathleen is a highly accomplished technology and regulatory lawyer and former prosecutor with more than 17 years’ experience in the public sector. Her practice has a dual focus on compliance and investigations.

As Bureau Chief of the Bureau of Internet & Technology for the New York State Attorney General’s Office, Kathleen was at the forefront of regulation, enforcement initiatives, and public policy involving privacy, data security, and consumer protection, among other issues. Earlier in her career, she served as Director of the Office of Special Enforcement in the New York City Mayor’s Office, where, as lead counsel, she directed litigation on a number of intellectual property and civil nuisance matters and was a policy leader on issues ranging from data analytics to human trafficking. While with the Mayor’s Office, Kathleen also developed the New Business Acceleration Team to streamline regulations and fast-track new business development. Kathleen started her legal career as an Assistant District Attorney for the Bronx County District Attorney’s Office in New York, where she prosecuted domestic violence, child abuse, and sex crimes.

Kathleen's public sector experience gives her an edge in counseling emerging and mature companies on a broad spectrum of regulatory issues concerning technology, data security, and privacy. She has in-depth knowledge of matters involving unfair, deceptive, or abusive acts and practices (UDAAPs), as well as the Children's Online Privacy Protection Rule (COPPA), emerging privacy and data security laws, the Consumer Financial Protection Bureau, the Securities and Exchange Commission, the Federal Communications Commission, and the Federal Trade Commission. In addition, Kathleen's experience in municipal government and her understanding of how the administrative code affects business has given her a unique perspective on the intersection of commerce and the law. Clients appreciate her insights into how to identify unanticipated problems and develop creative, business-focused solutions.

Kathleen also provides counsel to individuals and companies facing investigations. As outside counsel on internal investigations, she is an effective fact-finder on matters such as alleged employee malfeasance and intellectual property claims, among others. She also represents clients in government-facing investigations, including white collar criminal defense. Clients in this area benefit from both her sophisticated grasp of technology-related criminal matters and her on-the-ground experience as a lead prosecutor in both jury and bench trials.

Kathleen is admitted to appear before the U.S. District Court for the Southern and Eastern Districts of New York.


Kiran Patel is a partner in the New York office of Dentons US LLP.  He is an experienced litigator with a focus on white collar and government investigations.  Kiran has substantial expertise in the False Claims Act and the Foreign Corrupt Practices Act, having handled numerous investigations and disputes involving those statutes.  His experience also covers a range of other areas, including class action defense and complex commercial litigation.  Prior to joining Dentons, Kiran served as a judicial law clerk in the U.S. District Court for the District of Puerto Rico and as a Special Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Maryland.  Kiran is fluent in Spanish.


Patrick Butts, CEDS, IGP is Director of Legal Operations and Information Governance for Hilltop Securities in Dallas, Texas. Hilltop Securities is a Texas-based diversified financial services company, servicing clients from offices across the United States in Public Finance, Capital Markets, Wealth Management, Structured Finance, Clearing Services, Corporate Finance and Securities Lending.

In his role with Hilltop Securities, Patrick’s responsibilities are distributed between management of corporate legal related processes and practices; consultation with in-house and outside counsel regarding management of legal initiatives; integration of an Information Governance program, consisting of records management, information classification, risk management, security and privacy; supervising and managing the work flow and activities of the E-Discovery team and assisting with discovery for complex litigation, regulatory investigations and other disputes; leading the development of policies and procedures, training requirements and strategic vision for the E-Discovery program and platform and collaboration with technology and business units on information governance.


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 2017. Mr. Hedges is a frequent writer and speaker on various topics related to electronic information and is the principal author of Managing Discovery of Electronic Information: A Pocket Guide for Judges, Third Edition (Federal Judicial Center: 2017). His full biography is available at https://www.dentons.com/en/ronald-hedges.


The Honorable Lisa Margaret Smith is a United States Magistrate Judge for the Southern District of New York.  She sits in the Charles L. Brieant Federal Building and United States Courthouse in White Plains.  She was originally appointed in 1995 and she is currently serving her third term as a Magistrate Judge.  From 2006-2008 she served as 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 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 has served in various positions on the Board of the Westchester Women's Bar Association, and currently serves as a Vice President and member of the Executive Committee.  She is 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 January of 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 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-taught 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 Westchester Women's Bar Association, as well as visits to the Courthouse by school and scout groups.

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.