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David Kessler L'97

Lecturer in Law

David Kessler graduated from University of Pennsylvania Law School and the Fels School of Government in 1997.  Following law school he joined Drinker Biddle & Reath LLP where he focused on intellectual property litigation, e-discovery and data management.  In 2010, David joined Fulbright & Jaworski LLP as a partner in their New York office and is co-head of its E-Discovery and Information Management Practice and co-chair of the firm’s Cloud Computing Task Force.


David regularly advises clients regarding tactical and strategic e-discovery, records management, data privacy and cyber security issues.  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 record management functions and litigation readiness protocols.   He is a active member of the Sedona Conference’s Working Group 1 on Electronic Document Retention and Production and Working Group 6 on International Electronic Information Management, Discovery and Disclosure.  David was the co-editor of the Sedona Conference’s recent Database Principles Addressing the Preservation and Production of Databases and Database Information in Civil Litigation and is also an Adjunct Professor at the Beasley School of Law at Temple University.

Expertise

  • Intellectual Property
  • Litigation

Articles and Book Chapters

"Search Terms Are More Than Mere Words," New York Law Journal, March 21, 2011 (with Robert Owen and Emily Johnston).

"Who Knows Best," Law Technology News, February 2011 (with Robert Owen).

"Court Clarifies its Own Decision in a Key E-Discovery Case: Reasonable Steps, Not Perfect Result," Executive Counsel Magazine, August/September 2010 (Co-author).

"Once is Not Enough: The Case for Using an Iterative Approach to Choosing and Applying Selection Criteria in Discovery," EDRM White Paper, July 2010 (Co-author).

"Outlier or Harbinger? Recent Case Invents New Preservation and Information Management Duties for Corporations," Digital Discovery & e-Evidence, May 2009 (Co-author).

"European Union Working Party Issues Opinion Regarding Guidelines for Addressing Conflict Between EU Data Protection Regulations and U.S. Discovery Obligations," Digital Discovery & e-Evidence, March 2009 (Co-author).,

"Production of Data Protected by Foreign Statutes," Digital Discovery & e-Evidence, September 2008 (Co-author).

More publications can be found here.

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