Data Discovery Case Law Update 2024

Jessica’s practice sits at the intersection of legal practice and technology. She is passionate about leveraging technology to optimize client outcomes in a defensible and efficient manner and approaches leading-edge e-discovery problems with a multidisciplinary understanding of the legal and business issues that matter most to her clients.

Jessica is known for her work on high-stakes, complex matters, including a matter involving over 55 million records, multiple multidistrict litigations, and investigations by several regulatory agencies and legislative bodies; and a Technology Assisted Review (TAR) of one million documents in two months in response to a Hart-Scott-Rodino second request.

Jessica’s experience includes strategic e-discovery counseling and TAR workflow design for complex commercial litigation; voting rights and redistricting litigation; copyright, patent, and trade dress infringement; U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice investigations; qui tam actions; internal corporate investigations; Federal Trade Commission merger evaluations and second requests; and antitrust matters. Jessica frequently collaborates with merits and local counsel on such matters and advocates for her clients during discovery conferences and meet and confers.

A regular speaker and writer about e-discovery and legal technology issues, Jessica is a leader of Perkins Coie’s E-Discovery Services & Strategy practice. Outside of her e-discovery practice, Jessica works with clients on litigation readiness and information governance projects. Her active pro bono practice includes work on civil rights litigation and trafficking in forced labor cases.

Before joining Perkins Coie, Jessica worked in the in-house legal departments of two Fortune 20 technology companies, focusing on product liability issues. She is a proud first-generation American, a lifelong Seattleite (besides a yearlong sabbatical spent teaching English in Madrid, Spain), and mom of two young children.

David Horrigan is Relativity’s discovery counsel and legal content director. An attorney, law school guest lecturer, e-discovery industry analyst, and award-winning journalist, David has served as counsel at the Entertainment Software Association, reporter and assistant editor at The National Law Journal, and analyst and counsel at 451 Research. He serves on the Editorial Advisory Board of Legaltech News and the Data Law Board of Advisors at the Yeshiva University Cardozo Law School.

David holds a Juris Doctor from the University of Florida, and he studied international law at Universiteit Leiden in the Netherlands. He is licensed to practice law in the District of Columbia.

Honorable Tanya R. Kennedy is Associate Justice, Appellate Division, First Judicial Department, New York Supreme Court. Before being elevated to the appellate bench, Justice Kennedy served as Justice of the Supreme Court, New York County, as well as in Criminal Court, Civil Court, and Family Court.

Prior to her judicial service, Justice Kennedy served in the New York City Law Department and in the Bronx Tort Division, where she served as Assistant Deputy Chief. Justice Kennedy has served as President of the National Association of Women Judges, and she was selected by Penn State University’s Board of Trustees to receive the Distinguished Alumni Award in 2020.

PARTNER Co-leader and one of the original attorneys in Morgan Lewis’s eData practice, Scott A. Milner counsels and advises companies in electronic discovery and information governance processes and best practices. He works with Morgan Lewis’s lawyers across practice groups to tailor strategies and discovery management plans for clients around the globe, in numerous industries and disciplines. Scott’s practice encompasses all phases of eDiscovery, from preservation and collection to review and production of large volumes of electronically stored information (ESI).

Scott participates in 26(f) conferences, negotiates ESI agreements and stipulations addressing the scope of preservation of information, and details data that’s not reasonably accessible. He also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications.

Clients frequently engage and rely on Scott to negotiate discovery protocols with several US government agencies, including the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Department of Labor, the Consumer Product Safety Commission, and the Office of Inspector General of the Department of Health and Human Services, as well as numerous state US Attorneys’ offices. He serves as eDiscovery liaison in jurisdictions across the United States, negotiates technology-assisted review protocols, and handles motions related to discovery disputes.

Clients’ in-house legal counsel, technology teams, and records-management departments collaborate with Scott to develop and implement best practices for eDiscovery. He develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM) for clients including a global technology company and a global logistics and shipping company.

Sharing more than a decade of experience in eDiscovery, Scott is a frequent speaker at continuing legal education classes (CLE), seminars, and webcasts. He addresses such issues as case law updates, best practices, and practice pointers for key phases of the EDRM. He also covers crucial trends in eDiscovery, including bring your own device (BYOD), social media, technology-assisted review, cloud computing, ABA ethics rule changes, and the proposed amendments to the Federal Rules of Civil Procedure. Scott often writes articles covering these topics as well.