The Time for Change Has Come: Streamlining Privilege Review

Rachel Tausend is an experienced civil litigator and government investigations attorney who has been counseling clients for nearly 20 years as they navigate the evolving challenges of electronically stored information (ESI) and evidence in the context of lawsuits, arbitrations, investigations, regulatory examinations and business transactions. She has represented companies and their officers, directors and employees in complex commercial disputes, securities litigation, class actions, IP litigation, employment disputes, and consumer finance litigation, and in internal corporate investigation and investigations by agencies such as the U.S. Securities and Exchange Commission, Department of Justice, Financial Industry Regulatory Authority, Australian Securities and Investments Commission, Australian Competition and Consumer Commission, Environmental Protection Authority, and U.K. Financial Conduct Authority. These investigations have involved a broad range of allegations, including accounting fraud, securities fraud, insider trading, data breach, lender misconduct, environmental violations, and failure to comply with licensing, reporting, books and records or other regulatory requirements. Her clients have spanned many industries, including financial services, healthcare and life sciences, technology, manufacturing and energy.

As a partner in K&L Gates’ e-discovery analysis and technology group (e-DAT), Rachel advises and advocates for clients at all discovery stages from identification, preservation and collection through production. She has substantial experience developing search and technology-assisted review (predictive coding) methodologies and protocols, negotiating ESI agreements, managing complex document reviews and resolving discovery disputes. In doing so, she leverages technologies with a focus on innovative, defensible and cost-effective solutions that meet her clients' needs.

Rachel also assists clients with information governance and data privacy and protection issues, and, as a certified project manager with an M.B.A., consults on project workflow and knowledge management strategies and best practices. Rachel is an active member of the International Legal Technology Association and prepares and presents educational and training materials and programs on e-discovery, data privacy and other related topics.

Rose Jones is King & Spalding’s Director of e-Discovery Project Management and Client Services. Her practice focuses on e-discovery management including the development of standard protocols for the various phases of the discovery process. She is a senior member of King & Spalding’s Discovery Center and acts as National Discovery Counsel for large corporations. Ms. Jones provides advice and counsel prior to beginning document review to limit the scope and cost of the document review, including protocols/best practices and vendor selection and contract negotiations, as well as early case assessment, key word development and validation. She works closely with vendors to ensure the consistency and quality of the document review process and work product by developing customized work flow and document organization. Using standard privilege review and logging protocols, Ms. Jones manages the preparation of defensible and cost-effective privilege logs.

Ms. Jones has over a decade of experience over the entire spectrum of the e-discovery process, from document collection to the defense of privilege logs, and all steps in between. She has managed the e-discovery process in a wide variety of matters, including pharmaceutical, environmental, product liability, mass tort, and intellectual property litigation, as well as various internal investigations and governmental investigations, including Congressional Committees, the Securities and Exchange Commission (SEC), the National Highway Traffic Safety Administration (NHTSA), various State Attorneys General, the US Attorney's Office for the Southern District of New York (SDNY), the Federal Trade Commission (FTC), United States Department of Justice (US DOJ), Office of the Comptroller of the Currency (OCC), and the Royal Canadian Mounted Police (RCMP).

Ms. Jones received her J.D. degree from Georgia State College of Law in 2002. She graduated, with honors, from Georgia Institute of Technology in 1999 with a B.S. degree in Industrial & Systems Engineering. Ms. Jones is admitted to practice in Georgia and the United States Patent and Trademark Office. She is a member of the State Bar of Georgia. Ms. Jones received the Pro Bono Service Award in 2006.

Michelle is a nationally recognized litigator focused on electronic discovery law, data privacy, cross-border discovery, and AI technology exploration. She counsels clients on the development and execution of defensible eDiscovery processes in connection with contentious, high-stakes commercial litigation, products liability cases, antitrust matters, and internal and government investigations. Michelle regularly advises multinational corporations on data loss and records retention, as well as challenges and solutions generated by emerging technologies.

Michelle frequently writes and speaks about issues and solutions related to electronic discovery. She was recognized in 2019–2022 by The Legal 500 for Dispute Resolution: E-Discovery and recognized by Chambers Global in 2021–2023 and Chambers USA in 2020–2023 for her work in E-Discovery & Information Governance. Clients have described Michelle as “phenomenal; a truly trusted adviser” and “a true visionary in e-discovery; [who] cuts right to the heart of the matter and finds practical solutions that support overall trial strategy.”

David Stanton leads the firm’s nationally recognized Information Law and Electronic Discovery group, oversees the firm’s nationwide Litigation Support department, and is a member of Pillsbury’s Privacy, Data Security & Information Use group.

David’s practice largely focuses upon emerging issues involving the intersection of law and technology, including information governance, electronic discovery, cyber-risk, privacy and incident response. He facilitates Pillsbury’s electronic discovery activities across all offices and he manages the firm’s largest e-discovery projects. David collaborates with in-house attorneys and IT professionals on projects involving information management, records retention, cloud migrations and data disposition, as well as litigation readiness programs and litigation hold procedures.

George Socha is responsible for increasing market awareness and adoption of Reveal’s platform globally. Additionally, George is tasked with guiding the product roadmap and consulting with Reveal customers on effective deployment of legal technology. In 2005, he co-founded the Electronic Discovery Reference Model (EDRM) whose frameworks and content have empowered a generation of legal professionals. He has worked for over three decades as a lawyer, advisor and court-approved expert.

George received his JD from Cornell Law School and his BA from the University of Wisconsin – Madison.