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David J. Walton

Chair, e-Pas

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-5547
TF: (800) 523-2900
F: (215) 701-2110

David J. Walton

Dave Walton is a skilled trial lawyer and litigator with a deep understanding of technology and its impact on litigation and he applies his knowledge of computer forensics to assist clients in their most high-stakes litigation. His work has been recognized in national circles. Professor Adam Grant focused on one of Dave’s notable trials in his best-selling book, Give and Take and the Huffington Post has described Dave as a "phenomenally successful trial lawyer."

Dave is chair of Cozen O’Connor’s e-Discovery and Practice Advisory Services (ePAS) group. He has been hired as national e-discovery counsel by several major organizations and uses his trial experience to design and implements document retention policies, and customized protocols for preserving and collecting ESI. Dave also provides wide-range training to clients on proactive measures and best practices to effectively resolve e-discovery issues and significantly reduce costs.

As a member of the firm’s Labor and Employment Department, Dave has more than 20 years of experience successfully litigating the full gamut of employment discrimination claims, including class actions and individual claims. He has won seven trial verdicts, numerous injunctions and secured substantial settlements for his clients against some of the largest and most recognized law firms in the country.

Dave has a wealth of experience in handling trade secret and non-compete litigation. He understands that time is particularly of the essence in these matters, and works tirelessly to learn the clients’ business, and marshal the facts and evidence needed to reach a favorable result, as quickly as possible. Additionally, Dave has extensive experience successfully litigating ERISA claims relating to fiduciary duties and benefits. Dave represents C-level executives in matters involving their employment contracts and executive compensation and has worked with many private equity firms to negotiate executive employment agreements as part of new business ventures.

While his primary substantive focus is labor & employment law, Dave has also litigated numerous commercial cases concerning bet-the-company litigation relating to complicated technologies. As former co-chair of the firm’s Privacy, Data & Cybersecurity practice, Dave has significant experience handling cybersecurity breaches and privacy litigation. He also regularly consults with clients in the development of cybersecurity policies and protocols. Dave’s deep knowledge of technology is a key asset for his clients, especially as technology has had a greater impact on the workplace.

In addition to his litigation experience, Dave also has extensive experience negotiating collective bargaining agreements and handling labor arbitrations. He has helped clients successfully withdraw from multi-employer pension plans, he has defended numerous NLRB charges, and he has secured numerous mass-picketing injunctions in hostile labor environments.

Dave is a frequent speaker at national conferences on trade secret litigation, digital forensics, e-discovery and cyber law, and has published numerous articles on these topics. He is an active member of The Sedona Conference and a contributing member of the organization’s drafting team on proportionality. Additionally, Dave is a member of the labor and employment law committees of the American and Pennsylvania Bar Associations.

Dave earned a B.S. in Communications from Ithaca College in 1991, where he played varsity baseball receiving numerous all-state and all-conference honors. Dave earned his law degree, with honors, from the University of Richmond School of Law in 1995, where he was awarded the Sheppard Scholarship. At Richmond, Dave served as an editor of the University of Richmond Law Review, and won the American Jurisprudence and Corpus Juris Secundum Book Awards for Civil Procedure.

Experience

Won a record $7 million jury award based on a three-week jury trial, also proving extensive spoliation against the defendants, which secured a permissive-inference jury instruction at trial. It is believed that this $7 million jury award is the largest ever for a claim under the Pennsylvania Uniform Trade Secrets Act.

Successfully defended a large real estate company against claims of tortious interference with contract, breach of a non-solicit agreement, breach of fiduciary duty, and unfair competition claims.

Successfully defended a large real estate company in a six-week jury trial involving claims based on hiring a manager from a competitor. The case also resulted in a seven-figure attorney fee award against the plaintiff.

Won a special injunction for a large client engaged in the manufacturing and distributing of computer networking components. Working closely with computer forensic experts, Dave’s investigation proved that the employee’s new employer used a program called evidenceeliminator.com to wipe information from a key computer. Faced with a petition for contempt for destruction of evidence, the defendants agreed to a favorable settlement was reached for our client.

Secured a TRO for an international sales company where an employee suddenly resigned, then joined a competitor while taking confidential information and trade secrets. After the court granted a temporary restraining order for our client, the parties reached a favorable settlement.

Successfully defended an individual accused of stealing confidential information and trade secrets from a former employer. Once Dave proved that the plaintiff’s forensic expert wrongfully concluded the information was stolen, the claims were voluntarily dismissed with prejudice.

Successfully defended a large real estate company in claims based on an alleged violation of a non-solicitation agreement. After a multi-day preliminary injunction hearing, the Court rejected plaintiff’s request for an injunction. The plaintiff then voluntarily withdrew all claims.

Secured a TRO for client against four former employees, all of whom joined the same competitor and, in doing so, retained and/or took massive amounts of confidential information and trades secrets.

Secured the voluntary dismissal against a large corporate client who was sued for tortious interference, unfair competition, and employee piracy. After the court denied injunctive relief, the plaintiff voluntarily withdrew its claims.

Secured a TRO for a publicly-traded insurance company against three former top executives who resigned the same day and tried to claim that their restrictive covenants were not valid. Based on clear proof that these individuals took and/or retained massive amounts of confidential information and trade secrets, the court entered a TRO. The case then resolved based on the entry of a stipulated injunction that contained significant post-employment restrictions against the former executives.

Won preliminary injunctive relief on behalf of a Pennsylvania-based client in the wellness industry that faced efforts by MGM Resorts International and Life Time Fitness, Inc. to develop a competing business in Las Vegas. This result was secured in federal court in Nevada and led to a favorable settlement.

 Successfully defended a large real estate company in a six-week jury trial involving claims based on hiring a manager from a competitor. The case also resulted in a seven-figure attorney fee award against the plaintiff.

 Secured a TRO for an international sales company where an employee suddenly resigned, then joined a competitor while taking confidential information and trade secrets. After the court granted a temporary restraining order for our client, the parties reached a favorable settlement.

 Successfully defended an individual accused of stealing confidential information and trade secrets from a former employer. Once Dave proved that the plaintiff’s forensic expert wrongfully concluded the information was stolen, the claims were voluntarily dismissed with prejudice.

 Secured a TRO for client against four former employees, all of whom joined the same competitor and, in doing so, retained and/or took massive amounts of confidential information and trades secrets.

 Secured a TRO for a publicly-traded insurance company against three former top executives who resigned the same day and tried to claim that their restrictive covenants were not valid. Based on clear proof that these individuals took and/or retained massive amounts of confidential information and trade secrets, the court entered a TRO. The case then resolved based on the entry of a stipulated injunction that contained significant post-employment restrictions against the former executives.

 Worked closely with the Federal Bureau of Investigations and the Department of Justice to secure a 33-month federal prison sentence for a former employee of our client after he hacked into the client’s CRM system and used the database while working for a competitor. We then sued the competitor and secured a seven-figure settlement.

 Secured a very favorable settlement just before the commencement of a preliminary injunction hearing, after receiving the matter, taking depositions and preparing the hearing in the span of only three days.

 Successfully employed numerous pre-litigation maneuvers in a matter in which a client of our client was contemplating early termination of a lucrative services agreement. As a result of these efforts, that entity decided against terminating its agreement with our client.

 Represented C-suite level executives in connection with their separation of employment.

 Served as national e-discovery counsel to a major insurance firm.

 Won a special injunction for a large client engaged in the manufacturing and distributing of computer networking components. Working closely with computer forensic experts, Dave’s investigation proved that the employee’s new employer used a program called evidenceeliminator.com to wipe information from a key computer. Faced with a petition for contempt for destruction of evidence, the defendants agreed to a settlement favorable to our client.

 Negotiated a comprehensive collective bargaining agreement on behalf a client with employees represented by the International Association of Machinists.

 Successfully defended an international company against claims of tortious interference with contract, breach of a non-solicit agreement, breach of fiduciary duty, and unfair competition claims.

 Successfully defended a large real estate company in claims based on an alleged violation of a non-solicitation agreement. After a multi-day preliminary injunction hearing, the Court rejected plaintiff’s request for an injunction. The plaintiff then voluntarily withdrew all claims.

 Secured a favorable settlement on behalf of a large client facing millions of dollars in alleged damages in a suit brought for personal injury and under the NJLAD. At the outset of the case, the plaintiff refused to discuss settlement unless the client’s initial offer was at least seven figures. We used social media research and computer forensics to show that the plaintiff’s claim of injury was greatly exaggerated and that he otherwise was lacking in credibility, and that he had spoliated evidence. Based on this investigation and facing spoliation sanctions, the plaintiff settled for a sum far less than he originally sought.

 Secured a favorable settlement, including the plaintiff’s agreement to resign from employment with our client, in a highly contentious matter centering on claims brought under the Family and Medical Leave Act and the New Jersey Law Against Discrimination by an employee who was also actively trying to draw a retaliation claim.

 Successfully negotiated resolution to an investigation by the Pennsylvania State Department of Revenue and the Internal Revenue Service centering on alleged misclassification of employees by our client, a large distributor of organic foods.

 Used technology-assisted review to mine a 2 million-page data dump, produced two weeks before depositions began in a high-stakes trade secrets case. Using this approach, we located critical evidence and proceeded with the depositions as scheduled. We opened the first deposition by presenting a key email that had been buried in the massive production, and then secured numerous crucial admissions throughout the deposition. At the conclusion of that deposition, the other side offered our client a seven-figure settlement, which the client accepted.

 Won summary judgment for a large, Fortune 500 client in an ERISA claim involving anti-cutback rules. This win saved the client more than $50 million in potential liabilities.

News

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Tech tools for reporting sexual harassment won’t solve the problem

May 23, 2018

David Walton, a member of Cozen O'Connor's Labor & Employment department, discussed with Benefit News ways employees can report harassment at work through technology.

As AI Comes to Life So Does the Potential for Litigation

August 25, 2017

Dave Walton, a member of Cozen O'Connor's Labor & Employment department, discusses AI in Pacer Monitor.

2 Ways Getting Rid of Business Equipment Can Lead to Lawsuits

October 25, 2016

Dave Walton, a member of Cozen O'Connor's Labor & Employment department, discusses how getting rid of business equipment can lead to lawsuits on Insureon.

David Walton Discusses Communication Strategies and Data Preservation in Legal Tech News

November 01, 2015

David Walton, co-chair of Cozen O’Connor’s Privacy, Data & Cybersecurity Industry Team, discusses his take on communications strategies and data preservation at the firm in Legal Tech News.

David Walton Discusses Managing Preservation in Legaltech News

September 09, 2015

David Walton discusses how to more effectively manage the challenges of preservation, an integral part of the e-discovery process.

David Walton Discusses Bring-Your-Own-Device Policies in SHRM

August 24, 2015

David Walton discusses BYOD policies and offers advice on how to prevent employees from being vulnerable to hackers and bugs.

David Walton Discusses Cybersecurity for Small Businesses in Business News Daily

December 08, 2014

In an article titled “8 Cybersecurity Resolutions to Make for 2015,” David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses New Year’s resolutions that small business owners should make to keep their company’s reputation and customer information safe.

David Walton Discusses Big Data on 92.5 XTU Radio’s Philadelphia Focus

October 21, 2014

David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses big data and cybercrime in an interview on 92.5 XTU Radio’s Philadelphia Focus.

David Walton Discusses Big Data with Kevin Price, Host of The Price of Business

August 28, 2014

David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, appeared as a guest contributor on The Price of Business - Business Talk Radio 1110 AM. David explored some of the implications of big data, and addressed issues such as privacy concerns, breach-prevention systems, and post-breach protocols.

David Walton Discusses the Third Circuit’s Ruling on Classwide Arbitration in Law360

July 30, 2014

In an article titled ''Employers to Embrace Arbitration After 3rd Circ. Ruling,'' David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the Third Circuit's ruling that courts, rather than arbitrators, should decide whether classwide arbitration is available when an agreement is silent on that point. The ruling will encourage some employers that had been on the fence about arbitration to embrace it as a means to counter the surging tide of costly wage-and-hour class actions.

David Walton Discusses Predictive Analytics in Human Resource Executive

May 21, 2014

David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, was quoted in an article titled ''The Power (and Peril) of Predictive Analytics.'' David discussed the potential benefits and risks of predictive analytics as they relate to the hiring process.

David Walton Discusses Big Data and the Adoption of a National Breach Standard in SC Magazine

May 02, 2014

In an article titled ''In Big Data report, White House calls for national breach reporting standard,'' David Walton, co-chair of Cozen O'Connor's Privacy, Data and Cybersecurity practice, shares his opinion on the adoption of a national standard for reporting data breaches. David told SCMagazine.com that, while he was in support of a national breach standard being passed, it may still be an uphill battle.

David J. Walton’s Appearance in Professor Adam Grant’s Book ''Give and Take'' Referenced in Huffington Post Article

March 28, 2014

In an article titled ''Breaking the Stigma of Stuttering,'' author Katherine Preston discusses her struggle with stuttering, her research into the condition and her journey to publish a book about it. Preston debunks five myths that still cling to the condition, including the myth that stutterers are not good communicators, that stuttering is born of laziness, that stutterers are not good leaders, that stutterers are perpetually anxious, and that it is easier to hire someone ''normal.'' In the article, Preston praises David J. Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, as a ''phenomenally successful trial lawyer'' and recounts David’s appearance in Professor Adam Grant’s recently published book, ''Give and Take.'' David is a highly regarded public speaker and regularly lectures on a variety of Labor & Employment, Data Privacy & Cybersecurity, and E-Discovery issues.

David J. Walton Featured in LTN's ''Georgetown 2013: Building a Better Info Governance Practice.''

November 22, 2013

David J. Walton's participation in the Georgetown Law Advanced eDiscovery Institute was highlighted in a Law Technology News (LTN) article titled ''Georgetown 2013: Building a Better Info Governance Practice.'' Dave participated in a panel discussion titled ''Information Governance and the 'Not-Me' Conundrum: The Nuts and Bolts of Building an Effective IG Program.'' ''These conferences illustrate a tension between humans and technology,'' Dave observed. ''While I personally believe there's a lot of promise in the use of predictive analytics, it doesn't change the fact that a strong and effective IG program begins and ends with people. We can't ever lose sight of that.''

David J. Walton Featured in Adam Grant's Recently Published ''Give and Take''

May 29, 2013

David J. Walton, a member in Cozen O'Connor's Labor & Employment Department, is featured in a new book by Adam Grant, a professor at The Wharton School, titled ''Give and Take.'' In the book, David describes how, after a recent trial and a successful verdict for his client, several jurors approached him and explained they could tell he had a stutter and appreciated that he took the lead in the trial. David has received numerous emails from law students, lawyers and even law professors who all stutter asking for advice on how to deal with their impediment in the courtroom or job.

Cozen O’Connor Cybersecurity Conference Highlighted in The Wall Street Journal

May 09, 2013

In an article titled, "FBI: Delete Passwords of Ex-Employees," The Wall Street Journal highlights the firm's Cybersecurity Conference, held on Wednesday, May 8, at the W Hotel. Trevor Cloak, Joe Dever, Greg Fliszar, Brian Gillam, Steven Haas, Mike Schmidt, Stuart Shorenstein, Matthew Siegel, Ahren Tryon and Dave Walton presented during the seminar, along with Richard Aborn, President, Citizens Crime Commission of New York City and Austin P. Berglas, Assistant Special Agent in Charge for Cyber, FBI New York Field Office. To read the WSJ article, click here.

Walton Discusses IP Theft with Corporate Counsel

January 03, 2012

In the January issue of Corporate Counsel magazine, David Walton, a member of the firm’s Labor & Employment Department, discusses the rise in Trade Secret litigation.

David Walton Discusses E-Discovery in The Legal Intelligencer

August 09, 2011

David Walton, a member of the firm's Labor & Employment Department, discusses bridging the gap between the bench and the bar's interest in broad discovery and a desperation to quell staggering e-discovery costs that threaten to overshadow the merits of litigation.

Dave Walton Quoted in SHRM Online

May 02, 2011

In an article titled, "Obtain Handwritten Signatures on Agreements Employers Intend to Enforce," David Walton of the firm's Labor & Employment Group discusses the rise in employers' use of electronic signatures. Dave notes, "E-signatures are easier to forge and harder to authenticate than handwritten signatures...On the other hand, it is easier to track the signatures of large numbers of employees by e-mail than by hard copy."

Cozen O’Connor Blog Post Featured in Philadelphia Business Journal, AbovetheLaw.com

March 08, 2011

The Philadelphia Business Journal’s blog published a post praising a piece by David Walton originally published on From the Sidebar, a Cozen O'Connor blog published by litigator Hayes Hunt. Walton, a member of the firm’s Labor & Employment Practice Group, wrote about his struggle with a stutter and how he has used it to become a better trial lawyer. The blog post was also mentioned in Abovethelaw.com’s Non-Sequiturs last week.

Dave Walton Comments on Laptop Theft in the National Law Journal

May 11, 2009

In an article titled, "Suing Former Employees Over Laptop Theft," Dave Walton of the firm's Labor & Employment Group" discusses the increasing prevalence of the stealing of company data as layoffs continue in the workplace.

Dave Walton Comments on Work E-Mails in Law360

August 07, 2008

In an article titled, "Work E-Emails: The New Smoking Guns," Dave Walton is quoted regarding the use of e-mails as exhibits in trials.

Dave Walton Discusses Jacob Stern and Sons case in the Lube Report

June 25, 2008

In an article titled, "Castor Oil Creates Courtroom Drama," Dave Walton, a member of the firm's Labor & Employment Group, who acted as co-counsel for Jacob Stern and Sons, Inc., discussed the company's suit against two former employees and its former supplier Jayant Oils and Derivatives Ltd., Mumbai, India.

Jury Award for Client Jacob Sterns and Sons Case Featured in The Legal Intelligencer

May 28, 2008

A Montgomery County jury awarded a vegetable-based chemical importer and distributor $7 million against two former employees and two suppliers for violations of the state's Trade Secret Act.

Montco Jury Awards Cozen O'Connor Cilent $7 Mil. in Trade Secrets Case

May 28, 2008

A Montgomery County jury awarded a vegetable-based chemical importer and distributor $7 million against two former employees and two suppliers for violations of the state's Trade Secret Act.

2016 Kept Employers On Their Toes, Expect The Same In 2017

December 30, 2016

Debra Friedman, David Walton, Charles Wilson and James Glenn, all of Cozen O'Connor's Labor & Employment department, discuss labor & employment law in the upcoming year.

Trade Secrets Litigation Likely to Surge in 2017 Under the DTSA [Labor & Employment Observer]

December 23, 2016

David J. Walton discusses the drastic changes Congress made to trade secret law with the passage of the Defend Trade Secrets Act of 2016 (the DTSA) that creates a federal civil action for trade secret theft, and we expect plenty of trade secret litigation in 2017.

Big Brother Arrives in the HR Department [The Legal Intelligencer]

November 07, 2016

Dave Walton, a member of Cozen O'Connor's Labor & Employment department, discusses data in the HR department in The Legal Intelligencer.

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act [Labor & Employment Alert]

May 17, 2016

David Walton and David Barron discuss the Defend Trade Secrets Act of 2016 and its civil seizure provision.

Litigation and Trial Practice in the Era of Big Data [ABA: The Journal of the Section of Litigation]

August 15, 2015

David Walton discusses big data becoming an increasing part of everyday life and the various ways in which it will affect litigators.

Employer Liability in the Age of Cybersecurity [The Legal Intelligencer]

June 30, 2015

David Walton and Leigh Ann Benson discuss the importance of employers preventing cybersecurity incidents and what the outcome of the Supreme Court case Spokeo v. Robins would mean for class actions brought by their employees.

2014/2015 Labor and Employment Observer

December 31, 2014

The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.

Attorney: Halloween parties don't have to be scary for employers [Philadelphia Business Journal]

October 30, 2014

In an article titled “Attorney: Halloween parties don’t have to be scary for employers,” David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the key steps employers should take to avoid any potential legal headaches that might arise from an office Halloween party.

Big Data's Potential Disparate Impact Problem [Law360]

August 21, 2014

David Walton, vice chair of Cozen O'Connor's Labor & Employment department, authored an article for Law360 titled, ''Big Data's Potential Disparate Impact Problem.'' David argues that big data analytics may soon become ''the backbone for all personnel decisions.'' However, he cautions employers to ensure that protected categories are treated fairly, as ''Blind reliance on big data can lead to major disparate impact issues.''

Big Data – What It Is And Why You Should Care [Cozen O'Connor Whitepaper]

April 28, 2014

In a series of articles originally published by InsideCounsel Magazine, David J. Walton discusses the concept of big data and explores its impact on the way we conduct business

You thought ESI was complicated — Now add big data [InsideCounsel]

April 25, 2014

David Walton, vice chair of Cozen O’Connor’s Labor & Employment department, authored an article for InsideCounsel titled, “You Thought ESI was complicated – Now add big data.” Walton discusses the difficulties lawyers can face when dealing with electronically saved information and how they are increasingly more difficult with the addition of big data

How lawyers and law firms operate in a Big Data world [InsideCounsel]

April 11, 2014

David Walton, vice chair of Cozen O’Connor’s Labor & Employment department, authored an article for InsideCounsel, in which he discusses the ways, “big data has sparked a revolution in how corporate America conducts research, identifies customers, advertises itself, and pursues profits.”

Big Data raises big legal issues [InsideCounsel]

March 28, 2014

As companies realize the benefits of big data on their research & development, marketing, sales, branding, and revenue growth, they will increasingly have to reckon with its risks. Utilizing and monetizing big data raises enormous legal questions and potential liabilities. The most salient of these legal issues, at least in the near term, revolve around privacy, regulatory compliance, and duty to intervene.

Technology: How exactly are businesses using big data? [InsideCounsel]

March 14, 2014

Today, almost every large company collects data about its customers — reams and reams of raw, unstructured data. And they aren’t storing it for posterity. They are using it to do what businesses always try to do: Sell more widgets. More specifically, companies are using big data to identify new customers, advertise more effectively, and develop new products and services.

Technology: All databases are not created equal, and counsel should know the difference [InsideCounsel]

March 07, 2014

In an article titled “Technology: All databases are not created equal and counsel should know the difference,” Dave Walton, vice chair of Cozen O’Connor’s Labor & Employment Department and co-chair of the firm’s E-Discovery Task Force, discusses big data analytics and the history of data management and analysis to aid in understanding and interpreting these analytics.

Technology: Why Big Data is a Big Deal for Lawyers [InsideCounsel]

February 14, 2014

Yahoo CEO Marissa Mayer said that “big data” will have a bigger impact than the Internet. Consider how the Internet completely changed our lives. It’s hard to imagine anything, let alone the vague concept of “big data,” having that type of impact.Yet, if you have read any article the past year on a legal technology issue, you have undoubtedly heard about big data. There’s still a lot of confusion about big data, its power, its potential, and what it means for lawyers. This article is the first in a series that will explore these issues and illustrate why big data really is (and will continue to be) a big deal for the legal profession.

2013/2014 [Labor and Employment Observer]

January 01, 2014

We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.

Dropbox and the Impact of Personal Cloud Storage on ESI [The Legal Intelligencer]

January 29, 2013

We have all heard and read about the ubiquitous internet "cloud." But what exactly is the cloud? And what specifically does that mean for e-discovery?

Increase in BYOD Is Reason for Concern [The Recorder]

August 17, 2012

BYOD is here to stay. In the personal electronics world, the individual consumer is king. They, not employers, are driving the development of the electronics industry. This trend will not reverse. Employers must learn to adapt, think ahead and be vigilant in protecting their information in a BYOD world.

Technology: Predictive Coding Gets Its Day in Court [InsideCounsel]

March 09, 2012

The hottest development in the electronically stored information (ESI) world is predictive coding. It is a promising tool that, in non-technical terms, can automatically tag or designate documents. The process is fairly complicated. Using an array of mathematic algorithms, a predictive-coding tool analyzes the language used in a document and “predicts” how it may be coded by a live person.

Technology: It’s a BYOD World and Companies Better Learn How to Deal with It [InsideCounsel]

February 17, 2012

The increased use of personal devices at work is sometimes called “bring your own device” to work, or BYOD. BYOD creates a whole new set of problems for employers. These services aren’t going away and will keep growing. Indeed, BYOD on the whole is a paradigm shift that is permanently changing the way we work.

Technology: What Sun Tzu Can Teach Us About E-Discovery [InsideCounsel]

February 03, 2012

Sun Tzu, an ancient Chinese philosopher, strategist and general, wrote “The Art of War” in the fifth or sixth century B.C. “The Art of War” is accepted as one of the greatest works in history on strategy. The KGB studied it during the Cold War. The CIA makes all of its officers study it. Mao used its precepts to establish communist China. Even Tony Soprano relied on it to control his “family.”

Technology: Search Terms Are the Bane of My Existence [InsideCounsel]

January 20, 2012

When confronted with an electronically stored information (ESI) issue, the first thing lawyers do—almost reflexively—is exchange a list of search terms and apply them broadly against all types of media. Many judges use the same approach even though, conservatively, search terms result in 90 percent false positives. These false hits are very expensive to cull and review. Thus, a key to controlling ESI discovery costs is to use search terms carefully.

Technology: The Power of Transparency [InsideCounsel]

January 12, 2012

Technology: The Power of Transparency - InsideCounsel - Cooperation. Collaboration. Transparency. These are not the concepts we think of when discussing our legal system.

Technology: Using ESI to Your Advantage [InsideCounsel]

December 23, 2011

Electronically stored information (ESI) collection not only dominates the discovery phase of every e-discovery case, but it also is a key litigation strategy. The strategic element can be especially painful when you are on the wrong side of a case involving asymmetrical obligations.

Winter 2011 [Labor and Employment Observer]

February 18, 2011

Our Winter 2011 Labor and Employment Observer covers topics of interest to in-house counsel, human resources professionals, and corporate management.

Avast! Don't Ye Be Getting Busted for 'Employee Piracy': It's Tough Ter Prove, Yar [Corporate Counsel]

April 14, 2010

Call it what you like: Corporate raiding, predatory hiring — whether it's just 'don't be a pig' or 'don't let workers linger' here are a few easy rules corporate counsel can follow to avoid piracy-related claims.

Winter 2010 [Labor & Employment Observer]

March 01, 2010

Our Winter 2010 Labor & Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management.

The Invisible Noncompete: The Inevitable Disclosure Doctrine in Pa. [The Legal Intelligencer]

February 25, 2010

The doctrine of inevitable disclosure is alive and well. Pennsylvania and its neighbors all recognize the concept that, in certain situations, can act as a sort of de-facto noncompete agreement to prevent employees with access to confidential information from going to work for a competitor. This controversial doctrine states that certain employees possess intangible confidential information that cannot be returned to the company at the end of their employment, and therefore, they cannot go to work for a competitor without ''inevitably'' disclosing this confidential information.

Revisiting Zubulake: Discovery Sanctions in the e-Discovery Context [Commercial Litigation Alert!]

February 02, 2010

Revisiting Zubulake: Discovery Sanctions in the e-Discovery Context - Commercial Litigation Alert! - On January 11, 2010, Judge Scheindlin, who authored the groundbreaking Zubulake opinions, issued a new opinion regarding sanctions in eDiscovery.1 Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Scs., 2010 U.S. Dist. Lexis 1839 (S.D.N.Y. Jan. 11, 2010), involved an action against defendants who were connected to a hedge fund that lost money. These defendants sought sanctions against the plaintiffs for their alleged failure to
properly preserve and produce documents,

E-Discovery: Revisiting Zubulake: Discovery Sanctions in the e-Discovery Context [Insurance Coverage Alert!]

January 27, 2010

E-Discovery: Revisiting Zubulake: Discovery Sanctions in the e-Discovery Context - Insurance Coverage Alert! - On January 11, 2010, Judge Scheindlin, who authored the groundbreaking Zubulake opinions, issued a new opinion regarding sanctions in eDiscovery.1 Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Scs., 2010 U.S. Dist. Lexis 1839 (S.D.N.Y. Jan. 11, 2010), involved an action against defendants who were connected to a hedge fund that lost money. These defendants sought sanctions against the plaintiffs for their alleged failure to properly preserve and produce documents,

Avoiding Danger to Business Secrets in a Bad Economy [Law.com]

January 09, 2009

Avoiding Danger to Business Secrets in a Bad Economy - Law.com - Bad economic times create opportunities for strong companies to poach good employees from a weakened competitor -- a signal for employers to aggressively protect trade secrets.

To Spy or not to Spy [HR Advisor]

January 01, 2009

To Spy or not to Spy - HR Advisor - To spy or not to spy on your own employees? That is the question facing many employers today. And, increasing numbers of companies—facing concerns ranging from data security to trade secrets—are saying “yes” to employee surveillance. Here’s a look at the current surveillance landscape, the case for watching your employees, and how you can protect yourself from claims of improper monitoring. the stats

Keep It Clean [Best's Review]

November 01, 2008

A recent American College of Trial Lawyers/Institute for the Advancement of the American Legal System survey revealed 83% of lawyers believe the resolution of a case was typically determined by costs -- especially discovery-related -- not merits. And 68% believe many cases do not get filed because of prohibitive litigation costs. Armed with increasing technical proficiency, attorneys have learned different ways to use e-discovery and its associated costs to blackmail opposing counsel into settlement. Here are some tips for minimizing e-discovery challenges: 1. Adopt and follow an effective document retention policy. 2. Preserve early. 3. Take it one step at a time. 4. When asking for electronically stored information (ESI) from your adversary, be precise. 5. Limit the number of potential ESI sources for your employees. 6. Train your employees.

Navigating the Wild West of E-Discovery in PA State Court [The Legal Intelligencer/PA Law Weekly: e-Discovery Supplement]

August 25, 2008

Navigating the Wild West of E-Discovery in PA State Court - The Legal Intelligencer/PA Law Weekly: e-Discovery Supplement - Much has been written and said about what attorneys must do to comply with their obligations to preserve and produce electronically stored information (ESI) in federal court. Significantly less attention has been given to the same obligations in state court, despite the fact that ESI is as relevant in state court as in federal court.

Insurance Coverage Observer [Winter 2008]

February 26, 2008

In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.

With Updated E-Discovery Regulations, Employers Must Face New Battle [Workforce Management]

April 19, 2007

With Updated E-Discovery Regulations, Employers Must Face New Battle - Workforce Management - Recent amendments to the Federal Rules of Civil Procedures relating to electronically stored information raise the bar for what will be expected of e discovery in terms of employer's monitoring and policies. Employers will ultimately feel the brunt of these sweeping changes, with dramatic changes to the way discovery will be conducted in federal court, where most discrimination suits are filed.

Clicking With New E-Discovery Rules [The Metropolitan Corporate Counsel]

March 01, 2007

Clicking With New E-Discovery Rules - The Metropolitan Corporate Counsel -

2007 E-Discovery Seminar - Philadelphia (Rittenhouse Hotel) [E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared to Comply with the New Rules]

January 25, 2007

2007 E-Discovery Seminar - Philadelphia (Rittenhouse Hotel) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared to Comply with the New Rules - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the Rittenhouse Hotel in Philadelphia presented to The Insurance Society of Philadelphia CLE Seminar.

2006 E-Discovery Seminar - New York (Marriott Financial Center) [E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared?]

November 14, 2006

2006 E-Discovery Seminar - New York (Marriott Financial Center) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared? - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the New York Marriott Financial Center, Manhattan.

Webinar: The Future of Data Driven Litigation	Webinar	07/25/2018
2017 Health Law Year In Review	Philadelphia, PA	12/06/2017
2017 Labor and Employment Law Update - Chicago	Chicago, IL	10/05/2017
PACT Cybersecurity Series	Wayne, PA	06/21/2017
Labor and Employment Law Update	Philadelphia, PA	06/14/2017
2017 Port Security Workshop		04/26/2017
Webinar: Cybersecurity in the Transportation Industry: Preparing for the Onslaught by Hackers and Regulators	Webinar	01/19/2017
The Sedona Conference Working Group on Data Security and Privacy Liability 2017 Annual Meeting	St. Pete Beach, FL	01/16/2017
4th Annual Privacy & Cybersecurity Summit: Beyond The Basics for In-House Counsel	Philadelphia, PA	10/27/2016
ACC Greater Philadelphia Paralegal/Legal Assistant Forum	Philadelphia, PA	10/07/2016
Webinar: CyberSubro℠ II	Webinar	09/29/2016
Webcast: Embracing Emerging Technologies - How to Legally Prepare	Webcast	09/27/2016
PREX16: Conference on Preservation Excellence	Portland, OR	09/14/2016
2016 NetDiligence Cyber Risk & Privacy Liability Forum	Philadelphia, PA	06/07/2016
Labor and Employment Law Issues in an Election Year	Fort Lauderdale, FL	04/21/2016
Big Law Business Webinar: Cybersecurity for Law Firms and Corporate Legal Department	Webinar	03/22/2016
ACC Greater Philadelphia IT, Privacy and eCommerce Roundtable Discussion	Philadelphia, PA	03/22/2016
ACI 2016 Risk Management Conference	Nashville, TN	01/13/2016
2015 Casualty & Specialty Products Seminar	New York, NY	11/19/2015
2015 Criminal Defense & Internal Investigations CLE Seminar: Responding to Employee Theft	Philadelphia, PA	11/10/2015
The Legal Intelligencer's 2015 In-House Counsel CLE Seminar	Philadelphia, PA	10/22/2015
Social Media, Internet and Email Evidence at Trial: Admissibility of Electronic Evidence	Webinar	10/13/2015
Security Briefing: Mobile Cyber Security	Haverford, PA	10/07/2015
3rd Annual Privacy & Cybersecurity Summit: Beyond The Basics for In-House Counsel	New York, NY	10/02/2015
PREX15: Conference on Preservation Excellence	Portland, OR	09/16/2015
Webinar: CyberSubro℠ - A New Era of Recovery?	Webinar	08/25/2015
Secrets of the Trade: Protecting Trade Secrets in a World Where Data is King	Webinar	06/30/2015
2014 Cybersecurity Update: Protecting Sensitive Information	Philadelphia, PA	11/13/2014
Critical Employment Law Issues for 2015	Philadelphia, PA	11/05/2014
How to Obtain and Use Digital Evidence: Exploring the Life Cycle	Philadelphia, PA	11/04/2014
Using Big Data In Litigation	Webcast	10/16/2014
PACT Cybersecurity Series Event: Cyber Actors	Philadelphia, PA	10/01/2014
DRI Data Breach and Privacy Law Cyber Security: Strategies in a Digital Age	Chicago, IL	09/11/2014
Big Data and Its Impact on Legal Practice	Webcast	06/30/2014
Hot Topics: Avoiding Sanctions—Litigation Holds and E-Discovery in 2014	Webcast	04/22/2014
ABA Employment Rights and Responsibilities Committee Midwinter Meeting	Los Cabos, MEX	03/18/2014
Cozen O'Connor's 2nd Annual Privacy & Cybersecurity Summit	New York, NY	02/27/2014
PACT Industry Event	Philadelphia, PA	01/15/2014
Social Media for Litigators: Admissibility, Preservation, and the Latest Judicial Developments	Webcast	12/05/2013
Georgetown Law Advanced eDiscovery Institute	McLean, VA	11/21/2013
Data Privacy & Cybersecurity: Standards for protecting your business and customers	Philadelphia, PA	11/15/2013
PBI 19th Annual Business Lawyers Institute	Philadelphia, PA	11/13/2013
New York Law Journal’s In-House Counsel CLE Seminar	New York, NY	10/15/2013
2013 Conference on Preservation Excellence	Portland, OR	09/18/2013
DELVACCA: Ethics CLE Institute	Philadelphia, PA	08/08/2013
Social Media, Internet and E-mail Evidence at Trial: Admissibility of Electronic Evidence	Webinar	08/08/2013
PBI's Paralegal Institute	Philadelphia, PA	05/09/2013
Cybersecurity: Protecting Sensitive Information	New York, NY	05/08/2013
E-Discovery and ESI for Employment Lawyers	Webcast	04/30/2013
New York Mini-Conference on Preservation Excellence	New York, NY	04/29/2013
PBI's 19th Annual Employment Law Institute	Philadelphia, PA	04/16/2013
PACT Industry Series Event Cybersecurity: Protecting Sensitive Information	West Conshohocken, PA	01/30/2013
DRI 2012 Annual Meeting	New Orleans, LA	10/26/2012
2012 Conference on Preservation Excellence	Portland, Oregon	09/27/2012
PBI Presentation: Computer Forensics in Restrictive Covenant and Trade Secrets	Philadelphia, PA	12/12/2011
The Impact of Diverging Client Expectations on Law Firm Litigation Support Investments in People, Process and Technology	Philadelphia, PA	12/01/2011
Temple University Beasley School of Law Judicial Education Program	Philadelphia, PA	10/21/2011
Kroll Ontrack 2011 E-Discovery Certification Courses	Eden Prairie, MN	04/07/2011
ESI Trends, Technology & Document Retention Obligations	Webinar	12/21/2010
16th Annual Employment Law Institute	Philadelphia, PA	04/13/2010
Document Management & E-Discovery Forum	New York, NY	09/17/2008
E-Discovery Seminar	New York, NY	11/14/2006