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Best Unpopular Ideas for Cybersecurity and Electronic Discovery


Speaker(s): Patrick J. Burke, Ronald J. Hedges, Seth Eichenholtz
Recorded on: Aug. 6, 2020
PLI Program #: 305405

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


Patrick J. Burke chairs the Data Technology & Cybersecurity Group at Phillips Nizer LLP.  For two decades, Patrick has specialized in the lawful protection and use of organizations’ data, including cybersecurity, data privacy, and digital investigations, with recent working experience in Blockchain technology and cryptocurrency.  He has pursued his career as both in-house and outside counsel, as an academic, and as a state regulator.

Prior to joining Phillips Nizer, Patrick served as a Deputy Superintendent at the New York State Department of Financial Services (DFS), where he launched and headed the Office of Financial Innovation (“OFI”).  As head of OFI, Patrick oversaw a specialized team of cybersecurity examiners and had certain other responsibilities involving DFS’s trail-blazing Cybersecurity Regulation which, for the first time, required comprehensive protection of information collected and processed by over 300,000 banks, insurance companies, credit reporting agencies and other financial entities licensed by New York State.   DFS’s regulation serves as a model for other states, and already has formed the basis for the National Association of Insurance Commissioners’ model cybersecurity law.  

The OFI also administered DFS’s issuance of “BitLicenses” and limited purpose trust charters to cryptocurrency exchanges, crypto-custody providers and other entities engaged in virtual currency business activities in New York State.  Once licensed, his Office supervised and examined those licensed and chartered entities, requiring compliance with robust policies and procedures to address risks and apply DFS’s strong standards regarding anti-money laundering, anti-fraud, transaction monitoring, consumer and cybersecurity protections.  During his tenure, DFS authorized Gemini Trust Company LLC and Paxos Trust Company LLC to each offer a price-stable cryptocurrency – commonly known as a “stablecoin” – pegged to the U.S. Dollar.  

Since 2006, Patrick has counseled organizations on protection of personal data and compliance with US and global data privacy laws and regulations.  He guides companies on how best to manage their data – including data belonging to customers and other third-parties – and implement policies, procedures and training that ensures compliance with data privacy and protection laws in the US, Europe, Asia and globally.  He earned the Certified Information Privacy Professional/Europe (CIPP/E) designation from the International Association of Privacy Professionals for proficiency with respect to European data privacy.  

Patrick’s experience in digital investigations and electronic discovery dates back to 2001, including seven years as in-house counsel at Guidance Software, maker of the leading digital investigation software, EnCase.   He is known for his reasonable and cost-effective approach to discovery obligations in cases of all sizes.   He specializes in assisting global organizations in cross-border discovery, cognizant of the various applicable privilege and data privacy standards.  His approach to e-discovery is informed by his experience as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison LLP and Linklaters LLP -- and as a Law Clerk to a Federal District Court Judge.  

Patrick founded the Cardozo Data Law Initiative at the Benjamin N. Cardozo School of Law in New York City, where he served on the faculty and taught courses on Information Governance and E-Discovery, Digital Evidence and Computer Forensics. 


Seth Eichenholtz is head of both eDiscovery and the Insider Threat program at Mastercard.  From the eDiscovery front he has oversight of the preservation, collection, processing and production of data for litigation and regulatory matters.  As part of MasterCard’s Corporate Security Investigations team, he is also integral to managing internal investigations, incident/breach response, and related cross border data transfers for those matters.

The Insider Threat program focuses on enhanced monitoring from both a user behavior and a user activity perspective.  This includes cutting edge technology such as sentiment (texual) analysis.  The goal is to help protect company assets by identifying risky conduct and determine threats that cannot be prevented by traditional security, as well as focusing on preventing access to unauthorized data caches and networks from outside the organization or defending against traditional hacking methods.

Prior to joining MasterCard in 2016, Seth spent more than five years as Vice President and eDiscovery Manager for Swiss Re.  During his time at Swiss Re, Seth focused on managing all facets of eDiscovery for matters that encompassed claims-based disputes, litigation, regulatory and investigative matters for all Swiss Re entities globally.  This included drafting and managing legal holds, establishing collection, processing, culling and data transfer strategies and processes.  He supervised various special projects involving Information Governance, including data dispositions, and liaising with several business units regarding key initiatives (including privacy, data protection and related best practices).

Seth started his career as a tax attorney with PricewaterhouseCoopers, and has extensive litigation experience managing and providing computer forensic and eDiscovery services since 2000.

His management of cases compasses IT audits, data breaches, cybersecurity, internal investigations (fraud, ethics violations, misconduct employee-related issues), and litigation of numerous types (including Insurance and Reinsurance, breach of contract, Intellectual Property, Patent, theft of trade secrets, employment, sexual harassment, divorce).

Seth attended NYLS, and graduated magna cum laude from SUNY Buffalo.