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Electronic Discovery 2013

 
Author(s): Gary A. Adler, Steven C. Bennett
Practice Area: Corporate & Securities, Litigation
Published: Sep 2013
PLI Item #: 43129
CHB Spine #: H924

Adam Cohen is a Principal in Ernst & Young LLP’s Forensic Technologies and Discovery Services practice.   He has more than 20 years of experience in law and technology, and routinely advises some of the world’s leading businesses and law firms on data management and electronic discovery issues. Adam’s work focuses on large-scale investigations and litigations as well as proactive information management policies, procedures and technology. He is a well-known author and lecturer in the field of electronic discovery, and has served as a court-appointed expert on electronic discovery issues in Federal Court.

Prior to his career in consulting, Adam was a litigation partner in the New York office of Weil, Gotshal & Manges LLP, where he represented large corporate clients in complex litigation involving computer and Internet-related issues. He is the author of Social Media Legal Risk and Corporate Policy (Wolters Kluwer) and co-author of the treatise Electronic Discovery:  Law and Practice (Wolters Kluwer), in its eleventh year of publication.  It has been cited as authority in several landmark Federal Court opinions involving electronic discovery.

Adam is also co-author of the ESI Handbook:  Sources, Technology and Process (Wolters Kluwer) and the New York State Bar Association’s Best Practices in eDiscovery in New York State and Federal Courts, as well as many articles in national legal and technology publications. He is a co-author and editor-in-chief of the forthcoming book Insider’s Guide to Technology Assisted Review (Wiley).

An adjunct faculty member at Fordham Law School and Pace Law School in New York, Adam teaches Electronic Discovery courses designed to prepare the next generation of attorneys for effective practice in this area. He serves on the advisory board of Georgetown Law School’s Advanced eDiscovery Institute.

Adam is also a member of the Sedona Conference working group on electronic discovery and has chaired the New York State Bar Association’s electronic discovery committee since its inception ten years ago. 

Education

  • Duke Law School, J.D., 1993
  • Wesleyan University, B.A., 1986

Memberships & Affiliations

  • New York State Bar Association
  • Defense Research Institute
  • Sedona Conference
  • Association of the Bar of the City of New York
  • ARMA International

 


Marla Crawford is a graduate of Duke University and a magna cum laude  graduate of the Boston University School of Law.  Marla is currently a Vice President, Associate General Counsel in the Litigation Group of the Legal Department at Goldman Sachs where she manages the Firm’s global e-discovery efforts in addition to other case related work.  Marla is also the legal representative on various firm committees involving evolving technologies.  She practiced law at Jones Day for 25 years, specializing in the discovery phase of litigation.  She has worked on securities law, product liability, commercial, bankruptcy and employment law cases concentrating on electronic discovery issues.  Marla's expertise involves counseling corporations with respect to the preservation, collection, review and production of electronic information.  Marla is a regular speaker on electronic discovery issues.


Steven C. Bennett's practice at Park Jensen Bennett LLP (New York City) focuses on complex domestic and international commercial litigation and arbitration, including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. Mr. Bennett gained extensive trial experience during six years at the Office of the United States Attorney for the Southern District of New York, where he served as Chief of the Tax and Bankruptcy Unit, and nearly twenty years as a partner in a major international law firm.


Steven C. Bennett's practice at Park Jensen Bennett LLP (New York City) focuses on complex domestic and international commercial litigation and arbitration, including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. Mr. Bennett gained extensive trial experience during six years at the Office of the United States Attorney for the Southern District of New York, where he served as Chief of the Tax and Bankruptcy Unit, and nearly twenty years as a partner in a major international law firm.


Gary Adler co-chairs Bingham’s eDiscovery practice group.  He provides guidance to firm clients on a variety of issues relating to electronic discovery, and he speaks and writes regularly on electronic discovery topics.

Gary’s practice also focuses on commercial litigation, and he represents both domestic and foreign companies in complex commercial law suits involving intellectual property, antitrust, commercial tort, product liability, product warranty, franchise and environmental claims in proceedings before state and federal courts throughout the United States, and before both domestic and international commercial arbitration panels and regulatory agencies.

Gary also acts as outside general counsel to numerous companies, providing guidance on a broad range of commercial matters, and as regulatory counsel, providing guidance on compliance with both federal and state food and drug, environmental, and product safety laws and regulations.

PUBLICATIONS

  • Co-author, “Preservation Obligations Post Rimkus and Pension Committee,” PLI Electronic Discovery Guidance 2011
  • Co-author, “Complying with Preservation Duties in the Face of Uncertainty and Rising Litigation Costs,” PLI Electronic Discovery Guidance 2010
  • Co-author, “The Evolving State of EU/U.S. Discovery Conflicts,” PLI Electronic Discovery Guidance 2009
  • Co-author, “Electronic Discovery and the Global Workplace,” PLI Electronic Discovery Guidance 2008
  • Co-author, “All the World's a Stage: International Implications of the New Rules on Electronic Discovery,” DRI Defense Library Series (December 2006)

SPEAKING ENGAGEMENTS

  • Conference chair, Electronic Discovery Guidance 2012: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (September 2013)
  • Conference chair, Electronic Discovery Guidance 2012: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (September 2012)
  • Conference chair, Electronic Discovery Guidance 2011: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (September 2011)
  • Conference chair, Electronic Discovery Guidance 2010: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (September 2010)
  • Conference chair, Electronic Discovery Guidance 2009: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (October 2009)
  • Conference chair, Electronic Discovery Guidance 2008: What Corporate and Outside Counsel Need to Know, Practising Law Institute, New York, N.Y. (November 2008)
  • Speaker, Discovery Disputes: Addressing the Complex Obligations of E-Discovery, Practising Law Institute, New York, N.Y. (November 2008)
  • Conference chair, Electronic Discovery and Retention Guidance for Corporate Counsel, Practising Law Institute, New York, N.Y. (October 2007)
  • Speaker, Navigating the E-Discovery and Document Retention Landscape: A Briefing on Proposed Changes to the Federal Rules of Civil Procedure, Bingham E-Discovery seminar, New York, N.Y. (June 2006)

AWARDS AND HONORS

  • Case and notes editor, senior editor, Law and Policy in International Business

 MEMBERSHIPS

  • American Bar Association
  • Association of the Bar of the City of New York
  • New York State Bar Association

 ADMISSIONS

  • Admitted to practice in New York
  • U.S. District Court, Western District of Columbia
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court

  EDUCATION

  • Georgetown University Law Center, Juris Doctor (1980)
  • Franklin & Marshall College, Bachelor of Arts (1977)