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Chip-Off Forensics: What Lawyers Need to Know


Speaker(s): Gail Gottehrer, Ronald J. Hedges, Steve Watson
Recorded on: May. 21, 2020
PLI Program #: 300378

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information (“ESI”).

Recognition

In the Media

  • Quoted, "Confusion Lingers Around Preservation and FRCP Changes for Corporate Counsel," Corporate Counsel, September 13, 2016

Insights

  • Co-author, "Rules of Professional Conduct Enter Era of Electronically Stored Information," Law Week Colorado, p. 16, September 2016
  • Author, "Confidentiality Order Standards," Federal Magistrate Judges Association Bulletin, September 2016
  • Co-Author, “Competence with Electronically Stored Information: What Does It Mean in the Context of Litigation and How Can Attorneys Achieve it,” 15 DDEE 135 (2015)
  • International Extradition: A Guide for Judges (Federal Judicial Center: 2014)
  • Co-Senior Editor, The Sedona Conference® Cooperation Proclamation: Resources for the Judiciary (The Sedona Conference®: 2014, 2012 & 2011)
  • Co-Author, Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2012 & 2007)
  • Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007)
  • Editing Team Member, The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (The Sedona Conference®: 2007)
  • “Case Management and E-Discovery: Perfect Together,” 9 DDEE 220 (2009)
  • “Rule 26(f): The Most Important E-Discovery Rule,” New Jersey L. J. (May 18, 2009)
  • “A View from the Bench and the Trenches: A Critical Appraisal of Some Proposed Amendments to the Federal Rules of Civil Procedure,” 227 F.R.D. 123 (2005)

Activities and Affiliations

  • Member, American Law Institute
  • Member, American Bar Association
  • Member, Federal Bar Association
  • Member, Historical Society
  • Member, Lawyers Advisory Committee of the United States District Court for the District of New Jersey
  • Member, The Sedona Conference Judicial Advisory Board
  • Member, The Sedona Conference Working Group on Protective Orders, Confidentiality, and Public Access
  • Member, The Sedona Conference Working Group on Best Practices for Electronic Document Retention and Production
  • Member, Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center.

Prior and Present Employment

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges.

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law—Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.

Areas of focus

Arbitration
Communications
Digital Media
E-Discovery
Energy
Energy Litigation
Environmental Litigation
Health Care
Information Governance
Life Sciences
Life Sciences and Health Care
Litigation and Dispute Resolution
Media Regulation
Mediation
Privacy and Cybersecurity
Technology

Education

Georgetown University Law Center, 1977, JD

Admissions and qualifications

District of Columbia
New Jersey
New York
Texas


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.

 

 


Watson is a technologist focused in the areas of data recovery, forensics, risk and compliance. His career spans two decades and a variety of technology environments from start-ups to Fortune 50 companies. He is the Chief Executive Officer of the ground-breaking technology startup, VTO Labs. 

Watson is the Principal Investigator for two U.S. government scientific programs focused on digital forensics. His research in the area of data recovery and digital forensics is focused on new and emerging technologies and extremely damaged devices. Watson’s expertise lies in getting data off of electronic devices that are challenging for others - damaged devices, old devices, new devices and unsupported devices. He brings a full research portfolio that has assisted his corporate, government and law enforcement connections around the world. 

He is a member of the Digital Evidence subcommittee of the NIST, Organization of Scientific Area Committees, where he serves as the Task Group Chair for mobile device forensics. He also serves as the Chair of the Forensics Committee on the Scientific Working Group on Digital Evidence (SWGDE) representing expertise in mobile devices, emerging technologies and damaged devices. Watson is also the founder of the recently announced International Consortium on Digital Forensics for the Internet of Things.  In July of 2019, Watson became acting chair for the Organization of Scientific Area Committees for Forensic Science (OSAC).