eDiscovery Insights: Best Practices for collecting and producing hyperlinked files in emails

Stuart A. Davidson | Robbins Geller Rudman & Dowd LLP

Stuart Davidson is a partner in Robbins Geller Rudman & Dowd LLP’s Boca Raton office. His practice focuses on complex consumer class actions, including cases involving deceptive and unfair trade practices, privacy and data breach issues, and antitrust violations.

He has served as class counsel in some of the nation’s most significant privacy and consumer cases, including: In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747-JD (N.D. Cal.) ($650 million recovery in a cutting-edge class action concerning Facebook’s alleged privacy violations through its collection of user’s biometric identifiers without informed consent); In re Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752-LHK (N.D. Cal.) ($117.5 million recovery in the largest data breach in history); Kehoe v. Fidelity Federal Bank & Trust, No. 9:03-cv-80593-DTKH (S.D. Fla.) ($50 million recovery in Driver’s Privacy Protection Act case on behalf of half-a-million Florida drivers against a national bank); In re Sony Gaming Networks & Customer Data Security Breach Litigation, No. 3:11-md-02258-AJBMDD (S.D. Cal.) (settlement valued at $15 million concerning the massive data breach of Sony’s PlayStation Network); and In re Solara Medical Supplies Data Breach Litigation, No. 3:19-cv-02284-H-KSC (S.D. Cal.) ($5 million all-cash settlement for victims of healthcare data breach).

Stuart currently serves as Plaintiffs’ Co-Lead Counsel in In re Perry Johnson & Associates Medical Transcription Data Security Breach Litigation, No. 1:24-md-03096-RPK-LGD (E.D.N.Y.), In re American Medical Collection Agency, Inc. Customer Data Security Breach Litigation, No. 2:19-md-02904-MCA-MAH (D.N.J.) (representing class of LabCorp customers), In re Independent Living Systems Data Breach Litigation, No. 1:23-cv-21060-KMW (S.D. Fla.), Garner v. Amazon.com, Inc., No. 2:21-cv-00750-RSL (W.D. Wash.) (alleging Amazon’s illegal wiretapping through Alexa-enabled devices), In re American Financial Resources, Inc. Data Breach Litigation, No. 2:22-cv-01757-MCA-JSA (D.N.J.), In re Fortra Tile Transfer Software Data Security Breach Litigation, No. 1:24-md-03090-RAR (S.D. Fla.) (representing Aetna patients), on Plaintiffs’ Executive Committee in In re Lakeview Loan Servicing Data Breach Litigation, No. 1:22-cv-20955-DPG (S.D. Fla.), and on Plaintiffs’ Steering Committee in In re FTX Cryptocurrency Exchange Collapse Litigation, No. 1:23-md-03076-KMM (S.D. Fla.). Stuart also currently represents the State of Arkansas in a major antitrust enforcement action, State of Arkansas ex rel. Griffin v. Syngenta Crop Protection AG, No. 4:22-cv-01287-BSM (E.D. Ark.).

Stuart also spearheaded several aspects of In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litigation, No. 2:17-md-02785-DDC-TJJ (D. Kan.) ($609 million total recovery achieved weeks prior to trial in certified class action alleging antitrust claims involving the illegal reverse payment settlement to delay the generic EpiPen, which allowed the prices of the life-saving EpiPen to rise over 600% in 9 years), served as Co-Lead Class Counsel in three cases brought against Genworth Life Insurance Company on behalf of long-term care insureds, Skochin v. Genworth Life. Ins. Co., No. 3:19-cv00049-REP (E.D. Va.); Halcom v. Genworth Life Ins. Co., No. 3:21-cv-00019-REP (E.D. Va.); and Haney v. Genworth Life Ins. Co., No. 3:22-cv-00055-REP (E.D. Va.), recovering hundreds of millions of dollars in cash damages for policyholders, and served as Plaintiffs’ Co-Lead Counsel in In re NHL Players’ Concussion Injury Litigation, No. 0:14-md-02551-SRN-BRT (D. Minn.) (representing retired National Hockey League players in multidistrict litigation suit against the NHL regarding injuries suffered due to repetitive head trauma and concussions), and in In re Pet Food Products Liability Litigation, No. 1:07-cv-02867-NLH-AMD (D.N.J.) ($24 million recovery in multidistrict consumer class action on behalf of thousands of aggrieved pet owners nationwide against some of the nation’s largest pet food manufacturers, distributors, and retailers). He also served as Plaintiffs’ Co-Lead Counsel in In re UnitedGlobalCom, Inc. Shareholder Litigation, C.A. No. 1012-VCS (Del. Ch.) ($25 million recovery weeks before trial); In re Winn-Dixie Stores, Inc. Shareholder Litigation, No. 16-2011-CA-010616 (Fla. Cir. Ct.) ($11.5 million recovery for former WinnDixie shareholders following the corporate buyout by BI-LO); and In re AuthenTec, Inc. Shareholder Litigation, No. 5-2012-CA-57589 (Fla. Cir. Ct.) ($10 million recovery for former AuthenTec shareholders following a merger with Apple). The latter two cases are the two largest merger and acquisition recoveries in Florida history.

Stuart is a former lead assistant public defender in the Felony Division of the Broward County, Florida Public Defender’s Office. During his tenure at the Public Defender’s Office, he tried over 30 jury trials and defended individuals charged with major crimes ranging from third-degree felonies to life and capital felonies. He has been quoted in numerous major media outlets regarding his cases, including The New York Times, The Washington Post, USA Today, U.S. News & World Report, New York Daily News, the South Florida Sun-Sentinel, the Boston Globe, the Miami Herald, The Globe & Mail, and Law360, and is a frequent speaker at conferences involving class action practice and procedure.

Stuart has been honored in the category of Outstanding Antitrust Litigation Achievement in Private Practice at the American Antitrust Institute’s Antitrust Enforcement Awards. He has also been named a Litigation Star by Benchmark Litigation, a Recommended Lawyer by The Legal 500, a Leading Lawyer in America, a Leading Litigator in America, a Leading Plaintiff Financial Lawyer, and a Leading Plaintiff Consumer Lawyer by Lawdragon, one of “Florida’s Most Effective Lawyers” by American Law Media’s Daily Business Review, and a member of The National Trial Lawyers: Top 100-Civil Plaintiffs. He has also been named a Super Lawyer by Super Lawyers Magazine. He is a member of the Sedona Conference Working Group 11 Brainstorming Group, focusing on the California Consumer Protection Act. Stuart currently serves on the 2024 Consumer Protection Editorial Advisory Board for Law360.

Stuart earned his Bachelor of Arts degree in Political Science from the State University of New York at Geneseo. Stuart earned a Juris Doctor degree from the Nova Southeastern University Shepard Broad College of Law, where he graduated summa cum laude in the top 3% of his class. While in law school he was the Associate Editor for the Nova Law Review and was the recipient of Book Awards (highest grade) in Trial Advocacy, International Law, and Criminal Pretrial Practice.

Brian M. Chase | ArcherHall

Brian Chase is a consultant, expert witness, adjunct professor of law, and attorney. He serves ArcherHall’s Managing Director of Digital Forensics.

Mr. Chase has a diverse education and work background. He spent years working as a network administrator for the University of Arizona. He has a Management and Information Systems degree from the Eller College of Management at the University of Arizona, a top ranked program in the country. Mr. Chase went on to earn a law degree, also from the University of Arizona. He has worked with various sized law firms both in an IT and legal capacity. He has consulted with firms on their use of technology within the office, and has provided expert testimony in criminal and civil matters ranging from misdemeanors to murder to medical malpractice.

Mr. Chase has published and spoken on various technology related issues impacting law firms as well as parties in the civil and criminal justice system. He teaches various topics regarding law and technology, and digital forensics and evidence, at a variety of legal and technical conferences. He was honored by the Tucson Hispanic Chamber of Commerce and the Arizona Daily Star with a “Tucson’s 40 Under 40 Award”, which recognizes young leaders who are making an impact in the community with their professional and charitable work.

Ronald J. Hedges | Ronald J. Hedges LLC

Ronald J. Hedges is the Principal of Ronald J. Hedges LLC. He served as a United States Magistrate Judge in the District of New Jersey for over 20 years. He speaks and writes on a variety of topics, many of which are related to electronic information, including procedural and substantive criminal law, information governance, litigation management, and the integration of new technologies such as artificial intelligence into existing information governance policies and procedures. Among other things, Ron is the chair of the Court Technology Committee of the Judicial Division of the ABA.

Marissa J. Moran | CUNY

Marissa J. Moran is an attorney admitted to practice before the U.S. Supreme Court, New York State, New Jersey, and the United States District Courts. She received her B.A. in Economics, cum laude, from Fordham University, and is a member of the Sigma Alpha Nu Honor Society. She received her law degree from Brooklyn Law School, was a Dean’s Merit Scholar and received the American Jurisprudence Awards in Evidence; Real Estate Practice; and Trial Advocacy. While in law school she interned at the U.S. Attorney’s Office, Southern District of New York (SDNY) and upon graduation, clerked for U.S. Bankruptcy Chief Judge Burton R. Lifland, SDNY. She later worked as an associate at Kaye, Scholer, Fierman, Hays & Handler and Emmet, Marvin and Martin.

She is currently a professor at CUNY in the Department of Law and Paralegal Studies, New York City College of Technology, an ABA approved degree, where she teaches Legal Technology, Forensic Science & The Legal Process, Legal Ethics and Professional Responsibilities, and Theatre of Law. Marissa has served as the college’s grievance counselor and chaired the Faculty Student Disciplinary Committee. She has also taught business law courses as an adjunct clinical professor at New York University, Stern School of Business. She currently serves on the National Association of Legal Assistants Certifying Board Exam Development Commission Essay Grading Committees.

Marissa has written articles for the Legal Educator, a publication of the American Association of Paralegal Educators, and has spoken at several New York State Bar Association (NYSBA) and New Jersey State Bar Association CLEs, and national and local conferences Paralegal Educators conferences on such topics as Legal Technology, Artificial Intelligence, Cybersecurity, and Forensic Science & Law. Her article on biometrics and facial recognition technology appeared on the cover of the May/June 2023 NYSBA Journal.

Marissa serves as a judge for the We the People High School Competitions, Mock Trial NYC High School Tournaments, the ABA Law Student Division, National Appellate Advocacy Competitions, the ABA Dispute Resolution/Mediation Competitions, and Cardozo Law School Monrad G. Paulsen Moot Court Competitions, International Moot Court Honor Society, Oxford Competitions, BMI Entertainment and Media Moot and the Monroe Price Media Law Moot Court Competitions.

She is a member of the NYSBA Task Force on Artificial Intelligence, the Vice Chair of the NYSBA, Committee on Technology and the Legal Profession, and a member of the NYSBA, Committee on Continuing Legal Education, NYSBA, Committee on Committees, and the ABA International Law Section, Privacy, Cybersecurity and Digital Rights Committee.

Session I – Collecting and Producing Hyperlinked Files in Documents and Emails | 1:30pm – 2:00pm

• What are hyperlinks and how are they used?
• The impact of cloud-based storage solutions on electronic document management
• Federal Rules of Civil Procedure and their “e-discovery” amendments
• Key cases addressing the treatment of hyperlinks in e-discovery
• Tools available to collect and produce hyperlinks with “parent” emails
• Where do we go from here?

Session II – Ethical Duties and Electronically Stored Information | 2:00pm – 3:10pm

• Learn sources of electronically stored information (ESI)
• California’s 9-step ethics opinion on ESI

Break | 2:30pm – 2:40pm

• Discuss the framework provided in the opinion and how to apply it to any case involving ESI
• Discuss ethical and effective handling of eDiscovery cases to maximize discovery of relevant data while minimizing costs

Session III – Advanced E-Discovery Strategies in Complex Litigation | 3:10pm – 4:20pm

• Navigating complex litigation: The role of e-discovery and ESI management
• Best practices for managing large volumes of ESI in high-stakes cases
• The importance of judicial oversight in e-discovery: Insights from the bench

Break | 3:40pm – 3:50pm

• Addressing challenges in class actions, product liability, and corporate governance disputes
• Practical strategies for minimizing risks and maximizing efficiency in e-discovery
• Recent developments and emerging trends in e-discovery law and practice