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Website and Digital Communication Regulatory Compliance Under the ADA, FTC, FCC and FINRA


Speaker(s): Gail Gottehrer, Hon. Bernice B. Donald, Ronald J. Hedges, Stacey L. Turmel
Recorded on: Oct. 12, 2021
PLI Program #: 337019

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


The Honorable Bernice B. Donald received her law degree from the University of Memphis Cecil C. Humphreys School of Law, a LLM from Duke University School of Law, and an honorary Doctors in Law from Suffolk University.  Prior to being appointed to the U.S. Court of Appeals by President Barack Obama in 2011, she served on the U.S. District Court for more than fifteen years. 

Judge Donald is currently a member of the prestigious American Law Institute and the American Bar Association Judicial Division.  Previously, she served as Chair of the American Bar Association (“ABA”) Center for Human Rights and recently chaired a committee which published an implicit bias resource book for judges and practitioners titled, Enhancing Justice: Reducing Bias. Judge Donald also served as Chair of the ABA Criminal Justice Section, focusing on issues concerning implicit bias, children of incarcerated parents, mass incarceration, and the collateral consequences of incarceration.  Having previously served as Secretary of the American Bar Association (ABA), Judge Donald served in the ABA House of Delegates until August 2018.  She has been faculty at the National Judicial College, the Federal Judicial Center, and the Judge Advocate General’s Legal Center & School.  Judge Donald also served as faculty for the Federal Magistrate Judges Conference held in Portland, Oregon, where she was part of the panel titled, Thinking, Blinking, and Judging: Addressing Implicit Biases.  She served as Jurist in Residence at American University, Washington University, University of Cincinnati School of Law, and the University of Georgia School of Law.  In addition, she has served as faculty for international programs in more than twenty countries. 

Judge Donald’s writings include the following:  A Glimpse Inside the Brain’s Black Box: Understanding the Role of Neuroscience in Criminal Sentencing, 85 Fordham L. Rev. 481 (2016); Not Your Father’s Legal Profession: Technology, Globalization, Diversity, and the Future of Law Practice in the United States, 44 U. Mem. L. Rev. 645 (2014); Bringing Back Reasonable Inferences: A Short, Simple Suggestion for Addressing Some Problems at the Intersection of Employment Discrimination and Summary Judgment, 57 N.Y.L. Sch. L. Rev. 749 (2012-2013); The Not-So-New Normal of the Legal Profession: Facing and Confounding the Odds, 23 Am. U. J. Gender Soc. Pol’y & L. 1 (2014);  Immigrants and Other Cultural Minorities as Non-Traditional Plaintiffs: Culture as a Factor in Determining Tort Damages, 92 Judicature 220 (2009); Fifty Years Later and Miranda Still Leaves Us With Questions, 50 Tex Tech L. Rev. 1 (2017); The Dischargeability of Property Settlement and Hold Harmless Agreements in Bankruptcy: An Overview of § 523(a)(15), 31 Family L. Quarterly 409 (1997); To This Tribunal the Freedman Has Turned: The Freedman’s Bureau’s Judicial Powers and the Origins of the Fourteenth Amendment, 79 La. L. Rev. 1 (2018); When the Rule of Law Breaks Down: Implications of the 1866 Memphis Massacre for the Passage of the Fourteenth Amendment, 98 U. Boston L. Rev. 1607 (2018); She Stands on Her Own, Amongst Many: The Women of the Tennessee Supreme Court, 86.3 Tenn. L. Rev.  593 (2019); and Implicit Bias: Should the Legal Community Be Bothered?, 2 J. PLI Press, 615 (2018).

Judge Donald has received over 100 awards for professional, civic, and community activities, including the Distinguished Alumni Award from the University of Memphis, the Martin Luther King Community Service Award, the Benjamin Hooks Award from the Memphis Bar Foundation, the prestigious Margaret Brent Award, the Spirit of Excellence Award, the John Pickering Award of Achievement, the University of Memphis Pillars of Excellence Award, and the Inaugural Liberty Award from the Tort, Trial and Insurance Section of the ABA.


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.

 

 


Stacey Turmel is an attorney and digital accessibility expert with more than 25 years of regulatory compliance and business litigation experience, along with 5 years of higher-education administration.  A rise in ADA website compliance lawsuits against businesses inspired Stacey to create a service which leveraged her complex litigation background and unique digital accessibility expertise to help businesses minimize their risk of being sued. Stacey assembled a team of blind consultants to broaden her accessibility knowledge while utilizing the team’s user experience feedback to fully evaluate websites and digital products for ADA accessibility compliance.  Stacey regularly assists businesses and organizations as a digital accessibility consultant and subject matter expert.