Nicole Marie Gill

Counsel

Recent Publication:

Spoliation Argument Gets Frosty Reception from Court Absent Intent [eDiscovery Alert]

Joe Tate and Nicole Gill elaborate on a Maryland court’s decision to deny a plaintiff’s motion for spoliation sanctions, finding that he did not meet his burden of demonstrating that the defendants had an “intent to deprive” him of lost data.

Nicole Gill is an eDiscovery attorney who concentrates her practice on electronic discovery in the higher education, financial services, construction, antitrust, government investigations, white-collar, insurance defense, and health care and life sciences contexts.  In this role, Nicole manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many jurisdictions, both domestic and foreign.  Nicole is adept in organizing large-scale data collections and manages complex document review workflows by leveraging advanced technologies and analytics to increase efficiency.  She also implements quality control procedures to mitigate risk and counsels both clients and colleagues on issues related to eDiscovery, information governance and data management. 

Having attended the Sedona Conference’s esteemed eDiscovery Negotiations Training, Nicole is involved with the eDiscovery element of meet and confer conferences, the preparation and negotiation of ESI protocols, and drafting responses to discovery motions and requests. She is also a member of the Sedona Conference and the Philadelphia Chapter of Women in eDiscovery.

Prior to joining the firm, Nicole was an associate attorney at the Philadelphia office of a Northeast-based law firm where she defended health care providers and companies in malpractice and negligence actions. She was also a judicial intern for the Honorable Marjorie Rendell, U.S. Third Circuit Court of Appeals and a summer law clerk for the Honorable Juan Sánchez.  Nicole has written articles appearing in The Legal Intelligencer, Bloomberg Law, The Journal of the American Osteopathic Association, The Pennsylvania Bar Association Quarterly, and the World Association for Medical Law’s Medicine and Law Journal.  

Nicole earned her undergraduate degree, magna cum laude, and master’s degree from Villanova University. She went on to earn a Post-Baccalaureate Certificate in publishing from New York University’s School of Continuing Professional Studies. Nicole earned her law degree, summa cum laude, from Temple University Beasley School of Law, where she was a Temple Law Review member.

News

Nicole Gill Selected to Participate on Sedona Conference Working Group

July 18, 2023

Previously part of a brainstorming group, Gill will now be part of the drafting team to develop commentary on the topic of Exporting Data from the People’s Republic of China.

Diverging ‘Possession, Custody or Control’ Tests Impact E-Discovery Outcomes. But Is a Uniform Standard Feasible? [Legaltech News]

May 05, 2023

Nicole Gill recently contributed to an article for Legaltech News on how diverging possession, custody, or control tests impact eDiscovery outcomes.

Nicole Gill Selected to Join The Sedona Conference Working Group Series 6 Brainstorming Group

November 16, 2022

Nicole Gill, an attorney with CODISCOVR, has been selected to join The Sedona Conference Working Group Series 6 Brainstorming Group (WG6) on the Data Security Law and Personal Information Protection Law in the People’s Republic of China.

Sedona Conference’s 2022 eDiscovery Negotiation Training

April 05, 2022

Joe Tate, as a faculty member, and Nicole Marie Gill, as a participant, attended the Sedona Conference’s 2022 eDiscovery Negotiation Training.

Publications

Spoliation Argument Gets Frosty Reception from Court Absent Intent [eDiscovery Alert]

September 21, 2023

Joe Tate and Nicole Gill elaborate on a Maryland court’s decision to deny a plaintiff’s motion for spoliation sanctions, finding that he did not meet his burden of demonstrating that the defendants had an “intent to deprive” him of lost data.

I Never Met-a-data I Didn’t Want to Collect [eDiscovery Alert]

September 12, 2023

Joe Tate and Nicole Gill discuss a recent case before the U.S. District Court for the District of Vermont, in which the court largely rejected the defendants’ arguments to avoid supplementation to their discovery production, and granted in part the plaintiff’s motions to compel.

Attorneys Must be in the eDiscovery Driver’s Seat [eDiscovery Alert]

August 25, 2023

Joe Tate and Nicole Gill detail a recent word of caution from a federal court considering a products liability case, specifically warning that attorneys may not rely on custodial self-collections and must instead test the accuracy of their clients’ discovery efforts.

This Director’s Emails are Out of Control [eDiscovery Alert]

August 09, 2023

Joe Tate and Nicole Gill share a federal court’s recent decision on a party’s request for access to the personal email account of the opposing party’s Director of Operations – the court found that the requesting party failed to meet its burden of establishing that the account was in the opposition’s “control.”

AI Is Not Just eDiscovery’s Future — It’s Also Its Past [eDiscovery Alert]

July 24, 2023

Joe Tate and Nicole Gill explain why lawyers can and should embrace generative AI technology for use in the eDiscovery context, utilizing a trust-but-verify approach — just as we have done for other AI technologies.

A Relevant Decision Regarding Relevancy Redactions [eDiscovery Alert]

June 28, 2023

Joe Tate and Nicole Gill share a recent contract dispute where the court held that relevancy redactions were allowable even though a protective order was in place.

Things Get Spicy When McCormick Attempts Document Dump in Contract Dispute [eDiscovery Alert]

June 13, 2023

Joe Tate and Nicole Gill offer perspective on a recent decision that found a party was required to review documents for relevance before producing them.

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone [eDiscovery Alert]

May 31, 2023

Joe Tate and Nicole Gill discuss a recent decision declining to find the requisite “intent to deprive” when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken measures to back up its contents, despite initiating litigation almost a year prior to the theft.

An Agent’s Emails are Within a Golfer’s Control: No Ifs, Ands, or Putts About It [eDiscovery Alert]

May 11, 2023

Joe Tate and Nicole Gill offer insight on a recent decision regarding possession, custody, or control in a case between PGA, Inc., and professional golfers.

Possession, Custody, and Control in the Era of eDiscovery [The Legal Intelligencer]

March 03, 2023

Joseph Tate and Nicole Gill published an article to The Legal Intelligencer discussing the question of whether specific ESI is in the "possession, custody or control" of a party, a topic that remains unsettled and subject to debate.

How Information Governance Impacts the E-Discovery Process

February 04, 2022

Joseph Tate and Nicole Gill published an article to The Legal Intelligencer discussing how as the e-discovery lifecycle has matured, information governance has taken on a more prominent and important role as the foundational stage of the process.

Technological Solutions for E-Discovery Professionals [Bloomberg Law]

December 08, 2021

Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for e-discovery professionals when working remotely.

Events & Seminars

Upcoming Events

2023 Association of Corporate Counsel Annual Meeting

October 23, 2023 - San Antonio, TX

Nicole Gill and James Billings-Kang will speak on panels presented by the Litigation Network at the 2023 Association of Corporate Counsel Annual Meeting.

Past Events

Education

  • Temple University School of Law, J.D., summa cum laude, 2015
  • Villanova University, M.A., 2005
  • Villanova University, B.A., magna cum laude, 2002
  • Pennsylvania
  • New Jersey
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania

The Sedona Conference Working Group on International Electronic Information Management, Discovery and Disclosure (WG6), 2022