The mission of the Electronic Discovery Committee is to contribute pro-actively to the rapidly advancing development of e-discovery law and practice by:
- raising awareness among practitioners and members of the judiciary, through publications and seminars, about the evolving legal and technical environment that is making e-discovery such a critical part of contemporary litigation;
- considering, analyzing and reporting on major rule-making initiatives in the field, including for example the recent proposed modifications to the Federal Rules of Civil Procedure targeting e-discovery; and,
- providing a resource to help lawyers and judges obtain up to date and comprehensive information about e-discovery
- Comments on Proposed new Rule of the Commercial Division relating to guidelines for discovery of electronically stored information from nonparties in the Commercial Division of the Supreme Court (Adobe PDF)
- Evaluation of NASD manual for Arbitrators, section on electronic discovery (in collaboration with Arbitration and Alternate Dispute Resolution Committee)
- Report on ethics of meta data
- Report On Proposed Amendments to Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 36, 37, 84 and Appendix of Forms (Adobe PDF)
Michael L. Fox, Co-Chair
Mount Saint Mary College
Fox, of Newburgh, N.Y. (Mount Saint Mary College), is an assistant professor of business law and the pre-law advisor.
Fox teaches undergraduate courses in business law, and courses in the MBA program on law and business, and business management communications. He also speaks and writes regularly in the areas of electronic discovery and evidence, social media and ethics, and employment law.
A 13-year member of NYSBA, Fox is a past member-at-large of the NYSBA Executive Committee and past chair, secretary and treasurer of the Young Lawyers Section. He is also a former delegate to the ABA House of Delegates (2008–2014), and previously served in the NYSBA House of Delegates from 2008–2014; and is a fellow of the American Bar Foundation and the New York Bar Foundation.
Fox also serves on the Board of Directors of the Orange County Bar Association, and on the Advisory Board of the Food Bank of the Hudson Valley. He obtained degrees from Bucknell University and Columbia University School of Law.
Maura R. Grossman, Co-Chair
Wachtell, Lipton, Rosen & Katz
Steven C. Bennett
Park Jensen Bennett, LLP.
Steven C. Bennett’s is a partner at Park Jensen Bennett LLP in New York City. His practice focuses on commercial litigation and arbitration. He teaches courses as an adjunct professor of law at New York Law School (ediscovery) and Hofstra Law School (conflicts of law; ediscovery procedure). he is a founding member of Working Group 6 (international ediscovery) of the Sedona Conference, and a qualified arbitrator with the American Arbitration Association.
Sandra Rampersaud is Executive Director and Global Discovery Counsel for UBS AG. Sandra is responsible for designing, building and executing the e-discovery functions for the Americas region, and in collaboration with her counterparts in the APAC and EMEA regions, to support the bank’s Legal division in connection with investigations (internal and government), regulatory responses, dawn raids and civil and criminal litigation matters. In addition, Sandra advises bank leadership on global e-discovery strategy and risk, and contributes to the development of policies and procedures relating to cross-border data transfers and information governance.
Sandra was previously the Litigation Practice Area Attorney at Cravath, Swaine & Moore LLP, where she served as the firm’s legal expert on e-discovery, counseling litigations teams and clients on cost-effective and defensible discovery strategies and advocacy for the preservation, collection, review and production of ESI, the remediation of legacy data, and strategic positioning and defense of e-discovery issues before federal regulators and courts, to achieve efficient and successful outcomes in multi-billion dollar domestic and international matters. Prior to Cravath, Sandra was an associate at Stroock & Stroock & Lavan LLP, where her practice focused on antirust, commodities, securities and energy litigation; Sandra also served a one-year clerkship with Hon. Joan M. Azrack of the U.S. District Court for the Eastern District of New York.
Sandra has spoken on discovery and cross-border data privacy issues at a number of presentations. She is a member of the Sedona Conference’s Working Group 1 on Electronic Document Retention and Production and Working Group 6 on International Electronic Information Management, Discovery and Disclosure. Sandra is a member of the committee and Education Subcommittee for the Seventh Circuit Electronic Discovery Pilot Program, and is also a member of the Executive Committee of the New York State Bar Association’s Commercial and Federal Litigation Section where she also serves as Co-Chair of its Committee on Electronic Discovery.
Steven Berrent is the Chief Executive Officer of eMag Solutions, the leading e-discovery and back-up tape recovery, restoration and migration service provider world-wide. As CEO, he leads the development and implementation of eMag’s corporate vision and strategy. eMag has distinguished itself as a leader in the industry for more than three decades.
Prior to joining eMag, Steven was the managing director of WilmerHale Discovery Solutions (WHDS), WilmerHale’s lauded internal e-discovery offering, having led the strategic development and implementation of WHDS from inception. His other responsibilities included leading the firm’s efforts with respect to building strategies and staffing models for the efficient management of complex litigation/controversy matters with specific emphasis on e-discovery, document review and bringing added value to WilmerHale clients.
Previously, Steven was the director of Litigation Services at Davis Polk, where he managed more than 100 paralegals, legal technologists, case managers and staff attorneys. He also advised clients, attorneys and case teams on issues relating to electronic documents, e-discovery and information management. Steven had been an associate at Weil Gotshal and Manges in New York, where he was a member of the Electronic Discovery Task Force and worked on complex commercial litigations, arbitrations and investigations in diverse industries.
Steven had also worked as the Director of Information Technology for Vice President Al Gore’s presidential campaign, where he architected and maintained computer networks and related technologies for the campaign and advised the Vice President and staff on information technology issues, solutions and strategy.
He volunteers with the William J. Clinton Foundation and has worked with President Clinton on his Harlem Small Business Initiative, Hurricane Katrina relief, and the Clinton HIV/AIDS Initiative. In the latter capacity, Steven has traveled to Louisiana, Beijing, Sydney, Dar es Salaam and elsewhere on behalf of the Clinton Foundation.
Steven received his JD from Cornell Law School in 2004 and a BA in Political Science from Emory University in 1997.
Jason Bonk of the New York office of Cozen O’Connor represents Fortune 500 companies, both small and large private businesses, and individuals, in a variety of high-stakes complex litigation matters involving contract, fiduciary and other equitable claims, class actions, multi-district litigation, sports-related litigation, antitrust litigation, partnership disputes, white collar, regulatory and other governmental investigative matters, internal investigations, labor and employment disputes, intellectual property litigation and bankruptcy litigation. Prior to joining Cozen O’Connor, Jason spent most of his career at Weil, Gotshal & Manges.
An active member of Cozen O’Connor’s Sports Industry Team, Jason is a highly sought-after analyst on a variety of sports law-related issues and is regularly featured in domestic and international outlets. Additionally, Jason has served as a guest lecturer for the Sports Law course at the University of Miami Law School and explored how privacy law has found its way squarely to the center of the sports world.
Jason is also active in the e-Discovery community and has been published extensively and quoted in articles regarding evolving e-Discovery trends along with records management and information governance. He regularly counsels clients and colleagues on the subject and frequently serves as a speaker and instructor on best practices for records management, document preservation and other e-Discovery related topics. Jason has also taught subject matter relating to eDiscovery, information governance, records management, and privacy/cyber law at Fordham Law School.
Jason earned his J.D. from New York University School of Law, where he was a Dean’s Scholar. He received his bachelor’s degree, magna cum laude, from Brandeis University.
Daniel M. Braude
Dan Braude is a partner at Wilson Elser Moskowitz Edelman & Dicker LLP, where he centers his practice on complex litigation involving product liability and commercial disputes, with an emphasis on related electronic discovery and document preservation issues. Focused on the information lifecycle, Mr. Braude addresses the challenges associated with changing technology, cloud computing, and related data privacy and information security issues. Mr. Braude is a Certified Information Privacy Professional (CIPP/US) and serves as an adjunct professor at Pace University School of Law, teaching e-Discovery.
As co-chair of Wilson Elser’s e-Discovery practice, Mr. Braude serves as a resource within the firm and for clients on a wide range of topics relating to electronically stored information (ESI). His e-Discovery work includes managing electronic document review efforts, evaluating and employing methods of technology-assisted review, counseling clients on electronic document retention issues and designing legal hold procedures to assist clients with defensible and cost-effective ESI preservation. He routinely serves as discovery counsel in commercial and product liability matters, frequently on behalf of manufacturers engaged in pattern litigation, and represents Wilson Elser as its designated e-Discovery liaison for large firm clients.
In the field of information governance, Mr. Braude works with organizations to effectively manage and organize their information assets while containing costs and avoiding related organizational risks. At the same time, he counsels clients on related data security issues and litigation readiness concerns, including the evaluation of legacy data retention and disposal.
In the product liability field, Mr. Braude represents manufacturers, including those in the transportation and recreational products industries, frequently conferring with engineers on technical issues related to product design and manufacturing. Additionally, Mr. Braude represents clients in commercial disputes, as either plaintiffs or defendants, often in matters involving subcontractors and component suppliers. He frequently counsels contractors in the public procurement arena with regard to responses to requests for proposals and related procurement issues.
B3 Legal/OmniVere LLC
Craig Brown is a pioneer in the legal staffing industry, as he’s been at the forefront of the industry for 20 years. Mr. Brown is a former practicing attorney, having been a Law Clerk with the Department of Justice, Attorney-Advisor with the Department of Labor, Antitrust & Litigation Associate with Kaye Scholer, and Litigation Partner with McLaughlin & Stern.
Mr. Brown is a member of the NYS and NYC Bar Associations. For the NY State Bar, he serves on the eDiscovery Committee, the Social Media Committee and the Law Practice Management Committee.
Mr. Brown has written articles and presented on matters relating to eDiscovery, managed document review and legal staffing. His articles include “Outsourcing and the Use of Contract Attorneys,” Chapter 5 of International Corporate Practice, PLI. He has chaired and moderated many panels, including “Managing the Costs of eDiscovery,” held at the annual meeting of the NYS Bar Association. He has also co-chaired the NYS Bar’s Legal Career Day for several years.
Mr. Brown obtained his B.S. from SUNY Albany in 1981 and his J.D. from the Washington College of Law, American University in 1984, where he was selected as a Dean’s Fellow.
Duane Morris, LLP.
Ralph Carter is an associate in the Trial Practice Group of the New York office of Duane Morris LLP. Mr. Carter focuses his practice in Commercial Litigation, White-Collar Defense, Cybersecurity/Data Privacy, and Employment Litigation.
Mr. Carter also has extensive experience in managing electronic discovery in connection with complex legal and regulatory matters and internal investigations.
Mr. Carter is a 2014 cum laude graduate of St. John’s University School of Law, where he was a Ronald H. Brown Scholar and Executive Notes and Comments Editor for the Journal of Civil Rights and Economic Development. While pursuing his law degree at St. John’s, Mr. Carter served as Electronic Discovery Manager in the Legal Department of a global financial services company. In that role, Ralph oversaw the company’s eDiscovery response in connection with legal and regulatory matters and internal investigations. Mr. Carter holds a certification as a Lean Six Sigma Green Belt in Litigation Project Management in Collective and Class Actions.
Royce Cohen is a partner in the New York office of Tressler LLP, focusing on insurance and reinsurance arbitration and litigation. She represents both cedents and reinsurers in a variety of matters, including comprehensive general liability, excess and umbrella liability, workers’ compensation, asbestos, environmental and property/casualty insurance. These matters include misrepresentations in connection with the placement of reinsurance, disputes as to the coverage provided by treaties and policies, standards of accountability of cedents as fronting companies, standards of conduct applicable to ceding companies in their dealings with reinsurers and disputes involving program managers.
Royce also has extensive experience with eDiscovery issues. She regularly helps clients address the costs and risks associated with managing electronically stored information, particularly in connection to litigation and regulatory compliance. She assists clients with the development of records and information management plans, defensible litigation hold processes and auditing compliance policies and procedures. Working side-by-side with professional technical support staff to understand clients’ technology systems, she helps clients develop and implement best practices to efficiently identify, collect and process electronically stored information. Royce actively monitors state and federal developments of the laws governing eDiscovery. She has managed all stages of electronic discovery both in-house and through the use of third party vendors, including negotiating terms of vendor agreements and implementing cost-control protocols.
Prior to joining Tressler, Royce was Special Counsel in Stroock’s New York office specializing in insurance and reinsurance arbitration and litigation. Royce founded and co-chaired Stroock’s eDiscovery and Information Governance Practice Group. She also managed a team of attorneys who provided pro bono representation to underprivileged women engaged in litigation in family court. In recognition of her work on one such representation, Royce received the 2012 Commitment to Justice Award from Her Justice (formerly inMotion).
George F. DuPont
Tannenbaum Helpern Syracuse & Hirschtritt
George F. du Pont (Geordie) is a partner in the Tannenbaum Helpern’s Litigation and Dispute Resolution practice. His practice focuses on resolving business disputes, with extensive experience arguing complex commercial litigation cases in state and federal trial courts and appellate courts in New York. He has represented a variety of clients in commercial litigation including cases involving breach of contract, business torts such as unfair competition, infringement of intellectual property and fraud, professional negligence, construction litigation, securities litigation, trust and estate litigation and antitrust litigation. Geordie also works with clients to help them resolve their disputes through negotiation or mediation. Selected for inclusion as a “Rising Star” in New York Super Lawyers 2011, 2012, 2013 and 2014. Chair, New York City Bar Association E-Discovery Working Group.
Tara Emory is the Director of Consulting for Driven, Inc., where she consults with companies and law firms to create information management and efficient e-discovery processes that reflect a best fit for each client and case. As both an attorney and technology consultant, Tara has managed large-scale projects involving data remediation, litigation, investigations, mergers, and due diligence. Tara speaks and writes frequently on information management and e-discovery, and is a member of The Sedona Conference® Working Group 1. She is also a certified Project Management Professional (PMP). Prior to joining Driven, Tara was an antitrust attorney at Skadden, Arps, Slate, Meagher & Flom LLP, with over nine years of experience that included managing large discovery projects. Tara holds J.D. and LL.M. in International and Comparative Law degrees from the Duke University School of Law, and is admitted to the bars of New York and the District of Columbia. She also serves as a member of the Board of Directors for Advocates for Justice and Education.
Leahey & Johnson
Joanne Filiberti was named a Member of Leahey & Johnson, P.C. in 2009. As appellate counsel, she has drafted numerous appellate briefs and motions focusing on complex matters including issues of premises liability, products liability, personal injury, labor law, insurance coverage, Title VII discrimination, First Amendment violations, wrongful death, and fraud. She has also successfully argued appeals in the Appellate Courts of the First and Second Departments. Before joining Leahey & Johnson, Joanne worked as a Prequalification/Risk Manager for a New York based construction company and its affiliates determining insurance coverage and potential liability of the company; and ensuring contract and job-site compliance with NLRA, OSHA, NIOSH, NYS DOL and NYC DEP regulations. Joanne is a graduate of New York University with a Bachelor of Arts in Spanish Language and Literature, with minor concentrations in Political Science and Italian, and of Brooklyn Law School.
Ignatius Grande is a Director at Berkeley Research Group in their Global Investigations & Strategic Intelligence practice. Ignatius has advised clients on issues relating to information management, electronic discovery, and data privacy for more than fifteen years. With his legal and technical expertise, Ignatius is able to bridge the gap that can exist between IT and legal/compliance personnel. Ignatius has worked with both law firms and companies to guide them through the eDiscovery process and has overseen the collection and production of data for several complex HSR Second Requests. He has overseen compliance risk assessments that addressed records retention, legal hold, and data remediation issues. Ignatius often works with companies to address complex information management issues, including the onboarding of new software and technologies. He advises companies on their information management policies and procedures and has drafted and revised a wide variety of policies, including Bring Your Own Device, Legal Hold, Records Retention, Social Media, and Mobile Device Governance policies.
Ignatius graduated from Yale College in 1996 and Georgetown University Law Center in 1999. He has worked for two global law firms where he managed clients’ eDiscovery obligations in complex litigations and regulatory and internal investigations. Ignatius has also served as in-house counsel for a global commodities company. Ignatius is a frequent writer and speaker on topics relating to eDiscovery, information governance, and the Internet of Things. He serves as co-chair of the Social Media Committee of the New York State Bar Association’s Commercial & Federal Litigation Section and teaches a course on eDiscovery at St. John’s University School of Law.
Samantha Green serves as eDiscovery Counsel for DTI. She is an attorney with over 14 years’ experience in all aspects of electronic discovery. She has an in depth understanding of litigation readiness, ESI hosting, review and production processes, as well as the different technology and business approaches and cost implications associated with each. Samantha has advised, written and spoken on all phases of the ESI life cycle with a broad range of experience in initial case assessment and engagement management. She has worked on many government investigations, including FCPA and antitrust matters, as well as, second requests and litigations that cross all spectrums. Prior to joining DTI, Samantha was the eDiscovery Attorney for Blank Rome LLP.
Ronald J. Hedges served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is the chair of the Advisory Board of Digital Discovery & e-Evidence, a Bloomberg BNA publication. Mr. Hedges has authored numerous articles on electronic information. Among other things, he is a coauthor of both editions of the Federal Judicial Center publication, Managing Discovery of Electronic Information: A Pocket Guide for Judges and is a senior editor of the editions of The Sedona Conference Cooperation Proclamation: Resources for the Judiciary. Mr. Hedges taught e-discovery at Georgetown University Law Center, Seton Hall School of Law and Rutgers School of Law-Newark. He has served as a special master, mediator, and arbitrator.
Canaan Himmelbaum serves as Vice President of Business Development for Advanced Discovery, overseeing Business Development and Consulting. He leverages years of experience in the food and beverage industry, having been in-house as Litigation and eDiscovery Counsel at Glanbia, PLC, where he worked on large scale eDiscovery, litigation and M&A matters. He now advises Clients that are part of Advanced Discovery’s Food/Beverage and Antitrust Groups, consulting on planning and budgeting, internal investigations, class actions, recalls and information governance – including successful management of the collection, review and production of documents for Clients. Additionally, he has negotiated to narrow subpoena requests in government investigations and large scale mergers and acquisitions. Mr. Himmelbaum has developed protocols for such matters as subpoena analysis and review, document review, preparation of witness files and outlines, chronologies of key documents, witness interviews and preparation of witness memoranda. He is a member of the Association of Corporate Counsel, Florida Bar Association, and Washington, DC Bar Association.
Wilkie Farr & Gallagher LLP
Ian K. Hochman is special counsel in the Litigation Department of Willkie Farr & Gallagher LLP in New York, where he counsels multinational corporations on eDiscovery issues in a wide range of class action, government investigation, white-collar crime, and business combination settings. Combining more than a decade of experience as a litigator with detailed knowledge of eDiscovery issues with the substantive and technological presentation of electronic evidence in state and federal courts and in criminal and regulatory proceedings before the DOJ and SEC, Mr. Hochman provides clients effective trial strategies and practical solutions. His recognized ability to implement cost-efficient and legally defensible strategies for collecting, processing, and reviewing electronically-stored information thoroughly minimizes interruptions to clients’ business continuity and the exposure of their corporate strategy. Mr. Hochman served as law clerk to the Honorable Lacey A. Collier, US District Judge for the Northern District of Florida and is admitted to the Bars of New York, Florida and the District of Columbia, as well as to the US District Courts for the Southern and Eastern Districts of New York. He has spoken on various panels throughout the country on a broad spectrum of document retention and eDiscovery issues.
Sullivan & Cromwell LLP
Mary R. McMahon is a Discovery Analyst at Sullivan & Cromwell LLP. Her main focus of practice is in e-Discovery and complex white collar criminal investigations. She has managed all aspects of client relationships and cases from inception through trial, with a focus on strategic process and technology initiatives. She has significant experience recommending and implementing technology, building and evaluating e-Discovery operations as well as leading initiatives directed at increasing case effectiveness and program cost containment. Ms. McMahon is a member of the Irish American Bar Association and Women in E-Discovery. She is a member of the Criminal Division Investigation Croup (CDIG) at Sullivan & Cromwell LLP. Ms. McMahon received her LLB from the University of London and is admitted to the New York Bar.
Complete Discovery Source, Inc.
Dino E. Medina serves as General Counsel for Complete Discovery Source, Inc. (CDS). In this role, Mr. Medina is responsible for the overall legal affairs of CDS, including drafting and negotiating a wide variety of commercial contracts, advising executive management on corporate strategic initiatives and employment matters, and formulating CDS’ compliance and risk management policies in all areas of the business. Medina holds a bachelor’s degree, cum laude (1995) from the University of Massachusetts at Amherst, and a juris doctor degree from Hofstra University School of Law (1998).
Deutsche Bank AG
Jessica Perazzelli Ross, Esq., is Vice President & Counsel in the Litigation and Regulatory Enforcement Group at Deutsche Bank AG, specializing in eDiscovery and global data privacy. Her work centers on defensible and cost-effective end-to-end eDiscovery processes to respond to internal and external data requests, as well as developing and enforcing best practices for the Bank’s numerous eDiscovery vendors and outside counsel. She is a member of the NYSBA Committee on eDiscovery, The Sedona Conference WG 1 and WG 6, and the International Association of Privacy Professionals; and is CIPP/EU certified. Ms. Ross is a frequent panelist at eDiscovery conferences on a variety of eDiscovery topics. Prior to her position at Deutsche Bank, she served as eDiscovery counsel at Latham & Watkins LLP and an antitrust associate at Skadden Arps. Ms. Ross holds a JD from Notre Dame Law School and a BA from Georgetown University.
Cleary Gottlieb Steen & Hamilton LLP
Scott Reents is a senior attorney in the New York office of Cleary Gottlieb Steen & Hamilton LLP. Mr. Reents specializes in e-discovery, litigating e-discovery issues and planning and supervising e-discovery for various litigation, arbitration, and enforcement matters, having advised numerous Fortune 100 companies and major financial institutions clients on e-discovery issues in securities litigations, shareholder class actions, bankruptcy-related litigation, and other complex commercial disputes in various federal and state courts. He has worked extensively on e-discovery issues for internal investigations and regulatory enforcement matters, including matters before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, the New York Attorney General, and various foreign regulators.
Mr. Reents was counsel to Vale in Rio Tinto v. Vale, in which he litigated a number of important issues related to the parties’ predictive coding protocol before Magistrate Judge Andrew Peck in the Southern District of New York. Among other discovery victories, Vale successfully sought an order appointing a special master to consider issues regarding the adequacy of Rio Tinto’s predictive coding process. While those issues were under consideration, Vale prevailed in the lawsuit on a motion to dismiss.
Mr. Reents is a member of Working Group 1 of The Sedona Conference, and is a frequent speaker and writer on e-discovery issues.
Prior to practicing law, Mr. Reents worked in the technology industry, including as a Research Analyst at Gartner, the technology advisory services company, and as the manager of the healthcare industry practice at Fulcrum Analytics, a database marketing services provider. Mr. Reents also co-founded e-thePeople.org, a nonprofit developer of technology for improving the democratic process.
Mr. Reents joined the firm in 2007 and became Senior Attorney in 2015. He received a J.D. degree from Stanford Law School, where he was elected to the Order of the Coif. He received a B.A. degree from Swarthmore College, where he was elected Phi Beta Kappa. In 2008, he served as a law clerk to the Honorable Gerard E. Lynch, of the U.S. District Court for the Southern District of New York. Mr. Reents is a member of the Bar in New York and is admitted to practice before the United Stated District Court for the Southern and Eastern Districts of New York. His native language is English, and he speaks conversational German.
James Sherer is Counsel with BakerHostetler’s New York office. He co-chairs the Information Governance practice team and serves as part of the E-Discovery and Management and Privacy and Data Protection groups. His work focuses on litigation; discovery management processes; enterprise risk management; records and information governance; data privacy, security, and bank secrecy; technology integration issues; and related merger and acquisition diligence. Prior to joining BakerHostetler, James worked as in-house litigator with a Fortune 500 company and previously practiced litigation in New York. James holds CIPP/US, CIPP/E, and CIPM credentials as well as an MBA in finance; is a member of The Sedona Conference® Working Groups One, Six, and Eleven; and writes and presents on e-discovery, information governance, privacy, investigation, and merger and acquisition issues.
Daniel Tepper is an associate at Wolf Haldenstein. His practice concentrates on commercial litigation, FINRA arbitration and securities class actions. He graduated from New York University School of Law and the University of Texas at Austin, where he was a National Merit Scholar.