David Kessler is the Head of Data and Information Risk, United States and is a thought leader on issues involving discovery, data privacy, records management, and cyber security.
David counsels clients on a range of data privacy matters focusing on compliance and cross border data transfers. David has provided advice regarding the Stored Communication Act (SCA), the Health Insurance Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA). He also provides advice to multinational clients regarding compliance with EU data protection and privacy laws including the General Data Protection Regulation (GDPR), where he works closely with his colleagues in the EU.
David is a Certified Information Privacy Professional (CIPP/E) through the International Association of Privacy Professionals (IAPP).
David acts as global discovery counsel for technology, finance, pharmaceutical and manufacturing companies where he helps them address litigation readiness, cross border discovery complications and acts as special discovery counsel in complex litigations. David focuses not only on tactical e-discovery issues in particular cases, but advises clients regarding strategic e-discovery portfolio management and data governance. For example, David has helped clients with emergency ex parte preservations orders; negotiations with opposing counsel regarding disaster recovery data; establishing that opponents had fabricated e-mails; and developed litigation readiness protocols.
David has a particular focus on cross-border discovery. David was recently the counsel of record for an amicus brief before the United States Supreme Court in United States v. Microsoft addressing the importance of comity in cross border discovery. David has helped clients preserve, collect, process and transfer data from countries all over the world including, by way of example, Australia, Brazil, Canada, China, Germany, India, Italy, Nigeria, Japan, South Africa, Spain, Switzerland, and the United Kingdom. David is a contributor to and has been a faculty member for the Sedona Conference’s (one of the world’s leading e-discovery organizations) Work Group 6 on International Electronic Information Management, Discovery and Disclosure.
David is an adjunct professor at the University of Pennsylvania Law School where he teaches an advanced seminar on “E-Discovery.”
As part of his information governance practice, David has advised clients on where and how to store and manage data globally as well as how to integrate record retention, data security and e-discovery into the fabric of their IT infrastructure. Beyond helping clients stand up information governance programs with policies and record retention schedules, David counsels clients on mobile device management, ephemeral data, disaster recovery and business continuity systems and the cloud. He also has represented clients in defensible data disposition projects and examining the contours of their own dark data.
As part of the firms cybersecurity team, David has represented clients both preparing for and responding to cyber incidents. He has drafted and revised incident response plans (IRPs), run table top exercises and helped clients select and contract with forensic and public relations vendors. David has advised clients about the scope of data breaches and the company’s obligations to notify the appropriate authorities and the people affected by the breach. Finally, David has represented clients in investigations by the FTC into suspected incidents and the quality of the clients’ preparations and response.
Andrea L. D’Ambra, Esq. is a partner in the New York office and the U.S. Head of eDiscovery and Information Governance. Andrea focuses her practice on data privacy, e-discovery, cross border discovery, and cybersecurity.
Andrea assists clients in navigating foreign data privacy laws while complying with US discovery obligations and is a recognized thought-leader on the discovery challenges posed by emerging technologies. During the past three years, Andrea has developed a particular specialty leveraging advanced technology to quickly, efficiently, and defensibly respond to HSR second requests and other regulatory investigations. Recently, she represented a target corporation in the first European Commission DG Comp investigation where the parties were permitted to use Technology Assisted Review to identify documents relevant to the inquiry.
Andrea counsels clients on preservation and data management issues, and has drafted information governance and records management policies for a number of multi-national companies. In addition to counselling, she has assisted clients in navigating foreign data privacy laws while complying with US discovery obligations. She also counsels clients on breach preparedness, assessing potential cybersecurity incidents and the regulatory notifications required when an incident rises to the level where it must be reported. Andrea regularly speaks on cybersecurity, data protection and e-discovery issues, and has written on various information risk topics.
Andrea served for over seven years as an officer in the United States Navy. Her diverse Naval experience includes serving as an action officer for high-profile investigations within the Bureau of Naval Personnel and managing the administrative and legal issues of the Navy’s computer network defense command.
Andrea is an adjunct professor of law at Temple and William and Mary Law Schools where she teaches classes on Electronic Discovery. She was recently appointed to the Steering Committee of the Sedona Conference’s Working Group 1 that focuses on Electronic Document Retention and Production. She is also a member of Sedona Working Group 6 which focuses on Cross Border Discovery, and Working Group 11 that considers data privacy and cybersecurity.
Andrea is a Certified Information Privacy Professional for the European Union (CIPP/E) through the International Association of Privacy Professionals (IAPP).