Skip to main content

Electronic Discovery Institute 2014: What Corporate and Outside Counsel Need to Know


Speaker(s): Ariana J. Tadler, Ashish Prasad, Brian C. Rocca, David J. Lender, Gilbert S. Keteltas, Hon. David J. Waxse, Hon. James C. Francis IV, Jeffrey J. Fowler, Maura R. Grossman, Paul R. Gupta, Scott M Cohen, Stanley M. Gibson, Steven C. Bennett, Thomas Y. Allman
Recorded on: Sep. 30, 2014
PLI Program #: 51694

“Working for consumers and investors who have suffered a financial loss or wrong has been very appealing to me.  Doing what I can to rectify some of the inequities in the lives of individuals or groups of people is gratifying, particularly in very large, complex cases.  .  .  .   I also enjoy cases that are not just about the recovery of monies lost but that also play a role in changing practices that companies engage in that are unfair to consumers and investors.” —Ariana J. Tadler, Lawdragon 500

In the often opaque and self-interested world of corporate decision-making, Ariana J. Tadler is an antidote—a “leading light” helping individual consumers and institutional investors expose corporate misconduct and secure multimillion- and multibillion-dollar recoveries.  A nationally recognized member of the plaintiffs’ bar, Ariana has 20+ years of experience litigating and managing the full spectrum of complex securities and consumer class actions, including high-profile, fast–paced cases.

Ariana is also renowned for being one of the nation’s leading authorities on electronic discovery in plaintiffs’ litigation—an area she and Milberg helped pioneer.  She chairs Milberg’s E-Discovery Practice Group, has authored numerous publications on E-Discovery, and is regularly invited to speak on a variety of litigation- and discovery–related topics to educate the bench and bar.  Ariana is actively involved in the development of the law and best practices, including amendments to the Federal Rules of Civil Procedure and various pilot programs. 

An AV® Preeminent rated (Martindale Hubbell’s highest rating) lawyer, Ariana has been recognized by several prominent legal industry rating organizations, including 2014 Chambers USA: America’s Leading Lawyers for Business as “a leading light in the plaintiffs’ Bar” and a “fearless and tenacious” advocate who wins praise for her in-depth e-discovery knowledge and efficient approach.   Clients also praise her ability to “navigate all the e-discovery issues.”  For four years in a row, Lawdragon included her in its select list of 500 Leading Lawyers in America, describing her as “one of the nation’s most talented plaintiff-side securities litigators” and crediting her with building Milberg’s “team of lawyers and technologists armed with the necessary hardware and software to provide a solid and reliable service.” Benchmark Litigation has also included her in its 2014 Top 250 Women Litigators in the U.S. and she was named in Super Lawyers 2014 “Top 50: Women Lawyers” in the New York Metro-area.

REPRESENTATIVE MATTERS

  • Steering Committee, In re Target Corporation Customer Data Security Breach Litigation. Representing consumers in a class action accusing Target Corp. of failing to protect customers from a massive data breach during the holiday shopping season.
  • Interim Lead Counsel, Frito-Lay North America, Inc. “All Natural” Litigation, In re ConAgra Foods, Inc., Bevans v. General Mills, Inc., and In re Kellogg v. General Mills.Representing classes of consumers in a series of cases involving the alleged misrepresentation of GMO food products as “all natural”; the cases involve front-line legal issues, cutting-edge discovery negotiations and complex disputes and motions.
  • Lead Counsel, Ener1 v. PricewaterhouseCoopers. Recently represented an alternative energy company in its claims of negligence against one of the Big 4 accounting firms.Case settled on confidential terms.
  • Co-lead Counsel, Ironworkers District Council of Philadelphia & Vicinity Retirement & Pension Plan v. Andreotti. Representing a pension fund in a stockholder derivative action brought on behalf of E. I. du Pont de Nemours and Company seeking relief due to the former and present members of DuPont’s board of directors’ and executive officers’ breaches of fiduciary duties, misrepresentations, and corporate waste relating to its infringement of Monsanto’s patent, which resulted in a trial and $1 billion judgment and involved an order for sanctions.
  • Special Discovery Counsel, Republic of Colombia, et al. v. Diageo North America, Inc. Represented the government of Colombia, serving as Special Discovery Counsel, in its pursuit of claims alleging smuggling and illegal sales of alcohol by several international companies for violation of United States RICO statutes and other common law claims.Engagement encompassed identifying relevant information responsive to defendants’ requests, confirming and guiding preservation practices, and interviewing and collecting data from more than 100 custodians in 23 Colombian Departments (Colombia’s equivalent to our States in the U.S.).Team also reviewed and produced data in the ongoing litigation, and was tasked with ensuring compliance with the various privacy laws of Colombia and the United States with regard to personal data, controlled data and the transfer of sensitive information -- all hot topics in the area of E-Discovery today.
  • Plaintiffs Liaison Counsel (court-appointed), Lead Counsel and Executive Committee Member, Initial Public Offering Securities Litigation. Represented investors in 300+ securities class actions alleging a market manipulation scheme involving hundreds of initial public offerings and 55 prominent defendant investment banks.Through aggressive litigation, plaintiffs’ counsel obtained a settlement totaling $586 million.This case is notable for the unique strategies that were employed to manage this mammoth litigation.Milberg was at the forefront of dealing with complex discovery issues and crafted innovative tools to streamline the process.As a member of the court-appointed Plaintiffs’ Executive Committee and as a court-appointed liaison counsel, Ms. Tadler oversaw the efforts of approximately 60 plaintiffs’ firms in combating some of the most well-respected defense firms in the nation.The case was so large and included such extensive discovery that it required its own off-site headquarters, including approximately 100 personnel from various firms dedicated solely to the prosecution of the matter and supervised and managed, in substantial part, by Milberg personnel.
  • Lead Counsel, In re MicroStrategy Securities Litigation, one of three cases litigated in the Eastern District of Virginia (a/k/a the “Rocket Docket”) in less than four years. Negotiated settlements valued at more than $150 million.

HONORS & RECOGNITIONS

  • ALM:Women Leaders in the Law (2014)
  • AVENUE Insider Legal Elite New York City’s Top Women Securities Law Attorneys (2011-2012)
  • Benchmark Litigation:Star (2015-2016)
  • Benchmark Plaintiffs’ Litigation: New York Litigation Star (2011-2014)
  • Benchmark Top 250 Women Litigator (2014)
  • Chambers Global Guide:Leading Lawyers in E-Discovery (2015)
  • Chambers USA 2015:Nationwide, Litigation: E-Discovery (2015)
  • Chambers USA: America’s Leading Lawyers for Business (2014)
  • Development School for Youth Honoree (2013)
  • Fellow of the Litigation Counsel of America
  • Lawdragon 500 (2009-13)
  • Manhasset Lacrosse Hall of Fame (2008)
  • Martindale Hubbell AV® Preeminent (highest rating)
  • MFY, Partners in Justice Award (2010)
  • Super Lawyers (2010-15)
  • Super Lawyers “Top 50 Women Attorneys in New York Metro Area” (2014-2015)
  • Super Lawyers “Top 100 Overall Lawyer in New York City” (2015)
  • The Fellows of the American Bar Foundation (2012)
  • Women's Venture Fund Highest Leaf Award (2011)

PROFESSIONAL & CIVIC ENGAGEMENTS

  • American Association for Justice, Member
  • American Bar Association, Member
  • American Bar Foundation, Fellow
  • Bloomberg BNA, eDiscovery Board of Advisors
  • Cardozo Data Law Initiative, Executive Director
  • Federal Bar Council, Member
  • Fordham Law Small to Midsize Law Firm Advisory Council
  • Georgetown University Law Center Advanced E-Discovery Institute, Advisory Board and Planning Committee Member
  • MFY Legal Services Inc., Board Member and Past Chair (2008-2010)
  • Milberg Client Development and Marketing Committees, Chair
  • Milberg Hiring, Diversity, Technology, and Women’s Committees, Member
  • National Association of Consumer Advocates, Working Member
  • National Association of Women Lawyers, Member
  • New York County Lawyers Association, Member
  • New York State Bar Association, Member
  • New York Women’s Bar Association, Member
  • Seventh Circuit, Electronic Discovery Pilot Program
  • Southern District of New York, Advisory Committee of the Judicial Improvements Committee
  • The New York Inn of Court, Vice President
  • The Sedona Conference® (the leading “think-tank” on e-discovery), Board of Directors; Chair Emeritus (and Past Chair, 2007-2012), Steering Committee for Working Group 1 on Electronic Document Retention and Production
  • WomenToKnow, Advisory Board

Education:

B.A., Hamilton College, 1989

J.D., Fordham University School of Law, 1992

Admitted:

New Jersey, 1992

New York, 1993


“A leading light in the plaintiff’s Bar”

Chambers USA 2014


Ashish Prasad is the Founder and CEO of Discovery Services LLC, a document review and electronic discovery company headquartered in Chicago and with capabilities throughout the United States. 

Ashish is widely regarded as among the leading experts on discovery in the United States.  He has served, among other things, as Litigation Partner, Founder and Chair of the Mayer Brown LLP Electronic Discovery and Records Management Practice, Executive Editor of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production (2004), Co-Editor in Chief of the Practicing Law Institute treatise Electronic Discovery Deskbook: Law and Practice (2009), and Adjunct Professor of Law at Northwestern University Law School.

In addition to having extensive experience in managing all aspects of discovery in litigation and investigations, and developing policies and procedures for electronic discovery, records management and legacy data management for corporations and law firms, Ashish has defended discovery compliance procedures before numerous courts and regulators.  Over the past decade, Ashish has authored over two dozen articles, and given over 100 legal education seminars, on topics of electronic discovery before judges, practicing lawyers and industry groups in the United States, Europe and Asia.

Ashish is active in a wide variety of charitable organizations related to children’s health and education, including serving as a Board Member of the U.S. Fund for UNICEF, Children’s Memorial Hospital of Chicago, and Pratham USA.  Ashish graduated from the University of Chicago Law School, where he was a Member of the Law Review, and the University of Michigan Honors College, where he graduated with High Honors and High Distinction.  He lives in the Chicago area with his wife and three children.


Brian Rocca is co-managing partner of Bingham McCutchen’s San Francisco office. He focuses his practice on antitrust and complex commercial litigation matters. Brian is recognized by Chambers USA and is noted for “quickly gaining a reputation as one to watch in the coming years across the antitrust and complex commercial litigation space.” He is also recognized by Super Lawyers magazine from 2009 to 2014 as a “Rising Star” in the antitrust area. In addition to his core antitrust and litigation work, Brian serves as the co-chair of Bingham’s eDiscovery practice.

In the antitrust field, Brian has worked on high-stakes litigation in both civil and criminal contexts, and in a wide range of industries, including microprocessors, networking equipment, electronic memory, mobile and wireless technology, freight forwarding, copier and printer sales and services, and medical products and staffing. Brian regularly advises clients in connection with governmental antitrust investigations and also provides counseling to a prominent trade association relating to alcohol distribution issues.

Brian has litigated numerous complex civil and appellate litigation matters, including class actions, breach of contract, fraud and other competition matters. Brian also handles a wide array of matters for beverage distributors related to brand rights, supplier disputes and regulatory compliance.

Brian has significant trial experience — he served as an assistant district attorney in the Trial Unit of the San Francisco District Attorney’s Office in 2007-08 and as lead counsel in a federal civil rights trial in 2005. He also advises clients on cutting-edge electronic discovery and document retention issues, and has litigated several high-profile electronic discovery disputes. 

RELEVANT PUBLICATIONS & SPEAKING ENGAGEMENTS

  • Co-author, “Cybersecurity Bill Stalls In Senate, Shifting Attention To Executive Order ,” Bingham alert (April 29, 2013)
  • “Early Case Assessment and the Rule 26(f) Conference, What Corporate and Outside Counsel Need to Know,” Practising Law Institute (Sept. 2012)
  • “Ninth Circuit En Banc Panel Raises Bar for Governmental Seizure of Electronic Data,” Financial Fraud Law Report (November/December 2010)
  • Co-author, “Zubulake Revisited: New E-Discovery Opinion Clarifies Preservation Obligations and Standards for Award of Sanctions,” Bingham alert (January 2010)
  • “Ninth Circuit En Banc Panel Adopts Safeguards For Subjects of Search Warrants Involving Electronically Stored Information,” Privacy & Data Security Law Journal (November 2009)
  • The Social Media Revolution, The Masters Conference, San Francisco (March 2014)
  • Technology Assisted Review, Predictive Coding and New Search Technologies, PLI’s Electronic Discovery Institute 2013: What Corporate and Outside Counsel Need to Know, New York (2013)
  • Privacy Concerns Facing Multi-National Corporations, The Masters Conference, San Francisco, Calif. (April 2013)
  • Cutting Edge E-Discovery Topics, High Tech Client Seminar, San Jose, Calif. (Jan. 2013)
  • Social Media: Update on Evolving Trends, The Masters Conference, San Francisco, Calif. (April 2012)
  • Social Media: The Intersection of Case Law, Data Privacy and Practical Discovery, The Masters Conference, San Francisco, Calif. (Sept. 2011, and Dec. 2011)
  • e-Discovery: Why to Care About It and How Not to Let It Ruin Your Life, Association of Business Trial Lawyers, San Francisco, Calif. (May 2011)


Dave Waxse is a United States Magistrate Judge for the United States District Court in Kansas City, Kansas having been appointed in 1999 and reappointed in 2007. Judge Waxse received his B.A. degree from the University of Kansas in 1967 and his J.D. degree from Columbia University School of Law in 1970. 

He is a Past-President of the Kansas Bar Association and as a KBA delegate to the ABA House of Delegates was a member of the Board of Governors of the KBA from 1988 -2008. He is a member of the Earl E. O’Connor Inn of Court and is a Past-President of the Inn. He is also a member of the American Bar Association (Judicial Division), Johnson County Bar Association, Kansas City Metropolitan Bar Association, Wyandotte County Bar Association and Federal Magistrate Judge’s Association.  Judge Waxse is past Chair of the National Conference of Federal Trial Judges of the Judicial Division of the ABA and a member of the ethics committee of the Judicial Division. He is currently the Chair of the Judicial Division of the ABA.  He is also a fellow of the Kansas Bar Foundation and the American Bar Foundation. 

He is also an Observer to The Sedona Conference Working Groups on Electronic Document Retention and Production (WG1) and International Electronic Information Management, Discovery and Disclosure (WG6). He has been a lecturer in law at the University of Kansas School of Law and has made presentations on electronic discovery and other topics in programs presented by the American Bar Association, the American Association for Justice, the Defense Research Institute, the Federal Judicial Center, the Practising Law Institute,  the University of Kansas, the University of Missouri at Kansas City, Washburn Law School, Georgetown Law School, and various other organizations. His is the author of "Do I Really Have To Do That? Rule 26(a)(1) Disclosures and Electronic Information‚"10 Rich .J.L. & Tech. 50 (2004)‚ “Cooperation--What is it and Why Do It? 18 Rich. J.L. & Tech. 8 (2012), “Experts on Computer-Assisted-Review: Why Federal Rule of Evidence 702 Should Apply to Their Use” 52 Washburn L.J. 207 (2013), “Advancing The Goals of a ‘Just, Speedy and Inexpensive’ Determination of Every Action: The Recent Changes to The District of Kansas Guidelines for Cases Involving Electronically Stored Information,” 26 Regent U. L. Rev. 111 (2013), “Clawback Orders” American Journal of Trial Advocacy, 37 Am. J. Trial Advoc. 567 ( 2014)

In addition, prior to becoming a judge he was a member of the national boards of the American Civil Liberties Union, the Lawyer’s Committee for Civil Rights Under Law and the American Judicature Society. He is currently a member of the Judicial Conduct Advisory Committee of AJS and a member of the board of directors of the Kansas Humanities Council.


David Lender is a partner and commercial litigator in the New York office of Weil, Gotshal & Manges LLP, and co-chair of Weil’s global, 400-lawyer Litigation Department. Over the past several years, he has successfully tried numerous cases to verdict, including a $170 million jury verdict for GE in a patent infringement case against Mitsubishi, a complete defense jury verdict for ESPN in a $231 million lawsuit brought by Modi Entertainment Network and a $416.88 million plaintiff jury verdict for ExxonMobil against Saudi Basic Industries Corporation (SABIC).

Mr. Lender is a nationally recognized expert in electronic discovery.  He is the co-author of a book on the subject entitled Electronic Discovery: Law and Practice (Aspen Publishing, 2013), which has been cited in numerous landmark electronic discovery cases by federal courts; author of the book Privilege Issues In The Age of Electronic Discovery (BNA, 2013); and is a frequent lecturer and author on the subject.  He is also the head of his firm’s E-discovery Task Force.

Mr. Lender is a member of the Executive Committee for New York Lawyers for the Public Interest.  He received his J.D. degree with High Honors, Order of the Coif, from the Duke University School of Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990.


Jeffrey Fowler is a partner in the Litigation Department of O’Melveny & Myers and a founder of the Firm’s Electronic Discovery and Document Retention Practice.  Having handled his first eDiscovery assignment in 1998, Jeff is recognized as one of the country’s longest-serving eDiscovery litigators.  Jeff is also one of the few whose practice is entirely dedicated to resolving and litigating eDiscovery issues.

Jeff serves as eDiscovery counsel for a broad spectrum of clients, including Fortune 500 companies in the food, healthcare, and financial industries, and appears as the lead lawyer responsible for eDiscovery issues in complex litigations, including many not otherwise handled by his firm.  Jeff successfully limits the scope and cost of discovery by negotiating favorable document preservation and production agreements while also managing defensible and cost-efficient data collection and review processes.  Jeff routinely appears before judges and magistrates to litigate cutting-edge eDiscovery issues, and has litigated both sides of evidence spoliation claims. 

Jeff is a regular speaker and panelist on eDiscovery issues, including at PLI, and is the coauthor of the practice guide Preserving Electronic Information: A Practical Approach, BNA Books (2009).


Stan Gibson is an experienced trial lawyer, who has focused on high-stakes cases involving complicated technology and bet-the-company cases in the entertainment industry. He is the Chairman of JMBM's Patent Litigation Group and the publisher of the Patent Lawyer Blog. The media frequently calls upon Stan to explain the significance of court decisions, and he has been quoted by the Wall Street Journal, Financial Times, Forbes, Bloomberg BusinessWeek, New York Times, Los Angeles Times, Thompson Reuters, American Lawyer, National Law Journal, ABA Journal, Los Angeles Daily Journal and other publications.

Stan obtained a $16.7 million arbitration award after a six-month arbitration that involved the engineering and design of direct broadcast satellites and satellite launch vehicles.

Stan tried to a jury Intraspace v. Lockheed Martin/Loral in San Jose and obtained a $8.5 million verdict for our client. With an aptitude for technology and patents, Stan went on to handle complex cases involving technology in the fields of computerized telescopes, automotive design, Internet search engines, exercise equipment and medical devices, among others.

Stan was one of the principal trial lawyers in Medtronic v. Michelson, in which his client Dr. Gary Michelson won $570 million after a multi-month jury trial in Memphis, Tennessee. The case was resolved as part of a $1.35 billion dollar acquisition of the Michelson patent portfolio, which the Los Angeles Times reported as the largest acquisition of patents in history.

Representative Experience:

  • Lead counsel in a patent infringement case against client Sealant Systems International ("SSI"). TEK Corporation filed a patent infringement action against SSI in the Southern District of New York. SSI filed its own action for declaratory judgment against TEK in the Northern District of California and successfully dismissed the New York action for lack of personal jurisdiction. SSI's sister company, Accessories Marketing, Inc. ("AMI"), also asserted a patent against TEK in the California action. On summary judgment, SSI invalidated TEK's patent based on prior art. AMI proceeded to trial on its patent and a jury awarded AMI damages based on a 7% royalty.
  • Lead trial counsel for Innolux in patent case filed by Semiconductor Energy Laboratories ("SEL") alleging infringement of six patents pertaining to fabrication of LCD Modules used in flat screen TVs and computer monitors, among others. Innolux filed seven petitions for Inter Partes Review ("IPR") in the United States Patent and Trademark Office ("PTO"). At the request of Innolux, the district court stayed the case pending the completion of the IPRs. The PTO accepted all seven of the IPRs, which remain pending before the Patent Trial and Appeal Board.
  • Lead trial counsel on behalf of Key Brand Entertainment Inc. in a matter against Live Nation involving the £90 million sale of theatres in the United Kingdom (case settled) and in an arbitration over the sale of certain theatres in Toronto, Canada (case settled).
  • Lead trial counsel in numerous patent cases around the country, including a case against Boston Scientific over angioplasty catheters that settled favorably the day before jury selection.
  • Represented the inventor of revolutionary medical devices, instruments and methods for spinal fusion surgery, in a three-month breach of contract and patent infringement trial, resulting in a total verdict valued at approximately $570 million, including $400 million in punitive damages.
  • Lead trial counsel on behalf of defendant Diskeeper Corporation in a patent infringement action brought by Uniloc. Uniloc dismissed the case with prejudice with no payment by Diskeeper.
  • Lead trial counsel in a jury trial against one of the largest aerospace companies in the United States; after a five week trial, the jury awarded $8.5 million in favor of Stan's client.
  • Successfully represented an aerospace company in an arbitration in which the arbitrators awarded the client $17 million in damages.
  • Represented the leading designer of Hawaiian jewelry in a copyright and trade dress infringement claim against a rival jewelry company. After a bench trial, the Court awarded the client $2.3 million in disgorgement (representing all of the defendants' gross sales) on the trade dress claim and approximately $700,000 in attorneys' fees finding that the case was exceptional. The Ninth Circuit affirmed the award in its entirety.
  • Represented the manufacturer of telescopes involving software technology patents for the operation of telescopes; defeated preliminary injunction and obtained summary judgment in favor of client who was a defendant in patent infringement case brought by main competitor.
  • Successfully represented the owner of a major league baseball team in a Title VII discrimination case, in which the jury returned a defense verdict and the District Court awarded attorneys' fees and costs against the plaintiff.


Tom Allman is a retired General Counsel who currently serves as an Adjunct Professor of Law at the University Of Cincinnati College Of Law. Prior to retirement from BASF Corporation, he was an early advocate of what became Rule 37(e) of the 2006 Amendments, a topic he continues to follow in its “second wave” of federal and state rulemaking. He is Chair Emeritus of Sedona Conference® Working Group on Electronic Production and Retention (“WG 1”) and the Lawyers for Civil Justice E-Discovery Committee and publishes and speaks widely on the topic of e-discovery and corporate compliance.


As stated in Chambers USA: America's Leading Lawyers for Business, Paul "litigates cases involving hi-tech electronic, software and internet-related patents." Chambers USA added that he is “an expert in cybersecurity.” His clients include industry leaders in e-commerce, IT, financial services and telecom.

Paul, according to Chambers USA, is "a zealous advocate for his clients," "praised as a great negotiator” and “a strong strategist,” “renowned for his work in the technology arena" and "extraordinarily accessible." He is also listed as a notable lawyer in Super Lawyers and in IAM’s "World's Leading Patent Practitioners."

He regularly handles intellectual property litigation (including patent, copyright, trademark and trade secret cases), as well as commercial litigation (including cybersecurity, licensing, outsourcing and indemnity cases).

He is currently or has recently been lead counsel in Federal District Court actions and arbitrations pending in California, Delaware, Illinois, Kansas, Massachusetts, New Jersey, New York, Tennessee, Texas and Virginia. He also counsels clients throughout the United States on a variety of technology law matters.

Further biographical information about Paul can be found in Who’s Who in the World.


Gil Keteltas is a partner at Baker Hostetler in Washington, D.C., where he serves as Co-National Lead of the firm’s e-discovery practice. Gil acts as an e-discovery advocate in significant and complex litigation and advises global companies on the creation and deployment of discovery response programs. Gil is editor of, and a regular contributor to, Baker Hostetler’s Discovery Advocate blog. Gil is active in The Sedona Conference, serves on the Advisory Board of Georgetown Law’s Advanced E-Discovery Institute, Planning Committee and faculty and regularly teaches seminars on electronic discovery and electronic evidence. His publications include chapters in Electronic Evidence: Law and Practice (“Discovery of Electronic Evidence,” ABA Section of Litigation, 2d Ed. 2008), E-Discovery and Data Privacy: A Practical Guide (“U.S. E-Discovery,” Kluwer Law Int’l 2011) and Calculating and Proving Damages (“Damages and Discovery,” Law Jrnl. Press 2011). He received his degrees from Cornell and Georgetown University Law Center.


James C. Francis IV has been a United States Magistrate Judge in the Southern District of New York since October 1985 and served as Chief Magistrate Judge from 1998 to 2000.  He graduated summa cum laude from Yale College in 1974, where he was a member of Phi Beta Kappa.  He received his juris doctor degree from the Yale Law School in 1978 and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University in the same year.  Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York.  He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit.  He continued in this capacity until his appointment to the bench.  Judge Francis is an Adjunct Professor at the Fordham University School of Law where he teaches Constitutional Torts.    He has served on the Legal Assistance, Federal Courts, Disability Rights, and Professional Responsibility Committees of the New York City Bar Association and the Federal Judiciary Committee of the New York State Bar Association.  Judge Francis lectures frequently on electronic discovery, employment litigation, constitutional torts, legal ethics, and pretrial practice.  His publications include two chapters in Moore’s Federal Practice.


Maura R. Grossman is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, in Ontario, as well as an eDiscovery attorney and consultant in New York. Previously, Maura was of counsel at Wachtell, Lipton, Rosen & Katz, where for 17 years, she represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations, and advised lawyers and clients on legal, technical, and strategic issues involving eDiscovery and information governance, both domestically and abroad.

Maura is a well-known and influential eDiscovery lawyer.  She is described in Who’s Who Litigation 2015 E-Discovery Analysis as “‘sensational’ according to her peers and . . . a ‘go-to’ in the area.”  Chambers & Partners USA 2015 Litigation:  E-Discovery described her as “the best-known person in the area of technology-assisted review; a superstar among superstars.”  Maura’s scholarly work on TAR, most notably, Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient Than Exhaustive Manual Review, published in the Richmond Journal of Law and Technology in 2011, has been widely cited in case law, both in the U.S. and elsewhere.  Her longstanding contributions to eDiscovery technology and process, including her multiple patents relating to TAR, were featured in the February 2016 issue of The American Lawyer.

Since 2010, Maura has served as co-chair of the eDiscovery Working Group advising the New York State Unified Court System. She has been a court-appointed special master, neutral/mediator, and eDiscovery expert to the court in multiple high-profile federal cases. Maura has provided eDiscovery training to federal and state court judges, by invitation of the court, and has testified, on several occasions, before the Advisory Committee on the Federal Rules of Civil Procedure and the Advisory Committee on Evidence Rules, at their invitation. She is an adjunct professor at Columbia Law School and the Georgetown University Law Center, where she teaches courses on eDiscovery. Previously, Maura taught at Rutgers Law School–Newark and Pace Law School.

Since 2012, Maura has been a member of the Steering Committee of The Sedona Conference® Working Group 1 on Best Practices for Electronic Document Retention and Production. Since 2008, she has been involved in the National Institute of Standards and Technology’s Text Retrieval Conference (“TREC”); in 2010 and 2011, as coordinator of the Legal Track, and since 2015, as coordinator of the Total Recall Track. Maura serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery & e-Evidence Report, the Georgetown University Law Center’s Advanced eDiscovery Institute, the Benjamin N. Cardozo School of Law’s Cardozo Data Law Initiative, and the Annual Arizona State University (“ASU”)-Arkfeld eDiscovery and Digital Evidence Conference.

Maura graduated with an A.B., magna cum laude, from Brown University. She earned M.A. and Ph.D. degrees in Clinical/School Psychology from the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University, and a J.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center. While at Georgetown, Maura served as Executive Notes and Comments Editor of the Georgetown Law Journal.


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.