table of contents - association of corporate counsel · · 2014-07-22| 14 case law on...
TRANSCRIPT
TABLE OF CONTENTS
Section
Practical Solutions to E-Discovery Challenges ............................................. 1
Waller Lansden Dortch & Davis, LLP .......................................................... 2
About the Firm
E-Discovery and Data Management
Litigation & Dispute Resolution
Labor & Employment
Attorney Profiles .................................................................................... 3
Heather J. Hubbard
John Park
© 2014 Waller Lansden Dortch & Davis, LLP. All Rights Reserved.
Practical Solutions to E-Discovery Challenges
11933571
| 2
EDRM
Does your company have a records management program?
A. Yes
B. No
C. Don’t Know
A. B. C.
0% 0%0%
10
| 3
Does your company have a document retention policy?
A. Yes
B. No
C. Kind of (but we haven’t thrown anything out for decades)
D. Don’t Know
A. B. C. D.
0% 0%0%0%
10
| 4
| 5
Information Management
Who handles the initial stages of e-discovery at your company such as identifying custodians and preserving documents?
A. In-house legal team
B. Outside counsel
C. Combination or all of the above
D. Don’t know
A. B. C. D.
0% 0%0%0%
10
| 6
| 7
Identification
Who – In-house and outside legal team, judge, opposing
counsel, custodians, IT, supervisors
What– Data map, cloud, vendors, emails, shared drives,
hard files
When– Relevant time frame
Where– Locations of custodians and relevant information
| 8
Identification to Shape Strategy
Overall business goals
Proportionality
Proposed ESI Plan
Confer with opposing counsel and document agreed-upon plan
Does your company have a legal hold program?
A. Yes
B. No
C. Sort of (very informal, but there is a general process)
D. Don’t know
A. B. C. D.
0% 0%0%0%
10
| 9
Is there someone at your company that is dedicated to handling litigation and/or e-discovery issues?
A. Yes
B.No
C.No, but they are generally funneled to one person.
A. B. C.
0% 0%0%
10
| 10
Who is responsible for overseeing legal holds at your company?
A. General counsel or attorney in in-house legal department
B. Paralegal
C. IT/IS person
D. Business person
E. Rely solely on outside legal counsel
A. B. C. D. E.
0% 0% 0%0%0%
10| 11
| 12
Preservation
Develop a standard plan/process
Suspend destruction
Select a preservation method
Assign responsibility
Notify and interview custodians
| 13
The Consequences of Failing to Preserve
Payment of attorney’s fees
Adverse inference instruction
Striking pleadings in whole or in part
Dismissing the action in whole or in part
Rendering a default judgment
Contempt of court
Disciplinary proceedings
| 14
Case Law on Preservation
EEOC v. JP Morgan Chase Bank, N.A., 2013 WL 765593 (S.D. Ohio Feb. 28, 2013)
EEOC v. New Breed Logistics, 2012 WL 4361449 (W.D. Tenn. Sept. 25, 2012)
EEOC v. Ventura Corp. Ltd., 2013 WL 550550 (D.P.R. Feb. 12, 2013)
Scentsy, Inc. v. B.R. Chase LLC, 2012 WL 4523112 (D. Idaho Oct. 2, 2012)
| 15
Proposed Changes to the Federal Rules
Rule 37(e) – sets forth guidelines for sanctions where party “failed to preserve electronically stored information that should have been preserved in anticipation of litigation”
– Sanctions may be awarded where a party demonstrates prejudice – must be “no greater than necessary to cure the loss of information”
– Greater sanctions (i.e., attorneys’ fees, spoliation instruction, etc.) imposed only on showing of willfulness or bad faith
Who is responsible for collection of documents at your company?
A. General counsel or attorney in in-house legal department
B. Paralegal
C. IT/IS person
D. Business person
E. Outside vendor
F. Rely solely on outside legal counsel
A. B. C. D. E. F.
0% 0% 0%0%0%0%
10| 16
How does your company generally approach collections?
A. Collect broadly at beginning of case for preservation purposes
B. Targeted collection to begin reviewing and assessing merits of case
C. Targeted collection in response to discovery requests
A. B. C.
0% 0%0%
10| 17
| 18
Collection
Begin with a narrow focus
Collection using internal resources versus outside providers
Self-collection = allowing custodians to identify and select documents they believe to be responsive
Authenticity/chain of custody, preservation of metadata
How does your company generally approach review and analysis of documents?
A. Rely solely on outside counsel
B. Contract attorneys or paralegals
C. In-house review
D. Combination of the above
A. B. C. D.
0% 0%0%0%
10| 19
| 20
Analyze and Review
Early case assessment
Tagging by issue
Review for production
Privilege and confidentiality
| 21
Filters and Tools
Date restrictions
De-duplication/near-duplication
Search terms/sampling
Computer-assisted review/predictive coding
How does your company generally approach production of documents?
A. Rely solely on outside counsel
B. Follow company policy or procedure in all situations
C. Work with outside counsel to determine case-specific approach
A. B. C.
0% 0%0%
10
| 22
| 23
Production
Technical specifications
Bates-labeling and confidential stamps
Redactions and privilege logs
Media or hosted site
| 24
Cases on Review, Collection, and Production
Branhaven, LLC v. Beeftek, Inc., 288 F.R.D. 386 (D. Maryland, Jan. 4, 2013)
Day v. LSI Corp., 2012 WL 6674434 (D. Ariz. Dec. 20, 2012)
Peerless Industries, Inc. v. Crimson AV, LLC, 2013 WL 85378 (N.D. Ill. Jan. 8, 2013)
Carillo v. Schneider Logistics, Inc., 2012 WL 4791614 (C.D. Cal. Oct. 5, 2012)
| 25
Proposed Changes to the Federal Rules
Rule 1 – parties have an affirmative duty to administer the Rules “to secure the just speedy and inexpensive determination of every action”
Rule 26(b)(1) – discovery should be limited to matters “proportional to the needs of the case”
– Removes scope of discovery that is “reasonably calculated to lead to the discovery of admissible evidence”
– Discovery must be “relevant” to claims and defenses
| 26
Sedona Conference – Cooperation Guide for Litigators
Identify material factual issues in dispute in order to focus efforts
Identify relevant data and agree on scope of preservation
Agree on scope of data to be collected
Determine whether need agreed-upon vendor
Agree on format and specifications for production
Agree on search terms and filters
Agree on sequencing of rolling productions
Agree on privilege issues and clawback
| 27
Sedona Conference – Cooperation Guide for In-House Counsel
Identify data sources and takes steps to preserve
If no data map, prepare overview of IT systems
Identify whether relevant ESI is readily accessible
Be specific in preservation letters and responses
Be the leader, coordinating meetings and introducing outside counsel, business units and IT at the outset
Understand technical details and oversee collection efforts
Agree on search methodology, custodians, data sources and production specifications
| 28
Heather J. HubbardWaller Lansden Dortch & Davis, LLP511 Union Street, Suite 2700Nashville, TN [email protected]
Contact Information
John J. ParkWaller Lansden Dortch & Davis, LLP511 Union Street, Suite 2700Nashville, TN [email protected]
Rebecca LoranceDellOne Dell Way, MS 33 Round Rock, TX [email protected]
Karon MacdanielAMD Law Department7171 Southwest ParkwayAustin, TX 78735 512.602.1663 [email protected]
ABOUT THE FIRM Our clients say we understand their concerns and we make their issues our own. Entrepreneurs, executives and boards of directors seek our counsel on a wide range of business issues because of our deep understanding of their markets and their strategic objectives. Established in 1905, Waller is comprised of approximately 200 attorneys in Nashville, Birmingham, Austin and Memphis. We have the depth and experience to quickly assemble multidisciplinary teams to address complex transactional, regulatory and litigation issues throughout the United States. We have client relationships spanning decades, and we are trusted advisors to publicly traded and privately held companies in a wide range of industries. Whether navigating complex compliance issues, negotiating mergers and acquisitions, demonstrating our formidable litigation skills, or closing critical real estate deals, clients view us as their go-to partner time and time again.
32 attorneys named “Leaders in their Field” in 2014 by Chambers USA
61 attorneys recognized in 50 practice areas in 2014 by Best Lawyers
Recognized among the nation's ten largest healthcare law firms since 2005 by Modern Healthcare
Ranked among "America's Best Corporate Law Firms" by Corporate Board Member magazine since 2000
75% of Waller partners AV-rated by Martindale-Hubbell
Awarded "2012 Outstanding Legal Services with a Diverse Legal Team Award" by UPS
Named “2012 Go-To Law Firm” by ALM, publisher of Corporate Counsel and The National Law Journal, for:
- Corporate Transactions/Mergers & Acquisitions
- Intellectual Property
- Litigation
NASHVILLE Nashville City Center 511 Union Street, Suite 2700 Nashville, TN 37219 615.244.6380
BIRMINGHAM 1901 Sixth Avenue North Suite 1400 Birmingham, AL 35203 205.214.6380
AUSTIN 100 Congress Avenue Suite 2200 Austin, TX 78701 512.685.6400
MEMPHIS 1661 International Place Drive Suite 400 Memphis, TN 38120 901.288.1700
E-DISCOVERY AND DATA MANAGEMENT
Attorneys and clients with complex litigation matters rely on Waller's e-discovery team to assess the costs and risks associated with e-discovery and data management.
Data management capabilities:
■ Design customized records management and retention policies based upon industry standards and governmental statutes and regulations
■ Assist with implementation of systems and policies and train management and employees on best practices
■ Audit systems to identify potential weaknesses and non-compliance
■ Design customized litigation readiness and response plan based on specific needs and litigation profile
E-discovery services provided:
■ Manage document preservation, collection, review and production in litigation and government investigations
■ Identify relevant custodians, draft litigation hold, and implement hold
■ Conduct Rule 26(f) conferences related to e-discovery and customize plan to avoid surprises and costs
■ Assess needs and customize e-discovery plan including search and review procedures based on costs and risks
■ Identify and assist in evaluating available technologies to manage time and cost
■ Prepare and respond to motions to compel and for sanctions
■ Address data privacy concerns including counseling on cross-border discovery issues such as the EU Data Protection Directive
Waller's e-discovery chair and legal technology director are participating members of the Sedona Conference Working Group on E-discovery and The Electronic Discovery Reference Model Working Group.
Quick Contact
Heather J. Hubbard 615.850.6024 [email protected]
E-Discovery and Data Management
Service Highlights
■ In response to a federal investigation, Waller negotiated with the government the scope of a document search involving more than 150 gigabytes of data. Waller developed the electronic retrieval strategy and reviewed over 450,000 potentially relevant documents for responsiveness and privilege.
■ In a federal investigation of a hospital company, Waller managed the review of almost 2 million documents consisting of over 60 million pages. Waller managed multi-state document collections and ultimately processed more than seven terabytes of data.
■ In response to a False Claims Act complaint, Waller managed contract attorneys working in multiple states to review more than 600,000 documents in less than eight weeks in a manner that the client found more cost-efficient and reliable than the client’s own collection, processing, and review of similar data sets.
■ Using an early case assessment software, Waller was able to reduce 392,511 documents to a production of 45,207 documents. With the agreement of opposing counsel, Waller used search terms, date filters, and privilege terms to cull the data for production without any eyes-on review.
■ Waller advised a healthcare company regarding statutory and regulatory requirements for maintaining electronic and paper records, and drafted schedules as a quick reference for records management.
■ When a client faced mounting storage costs for its electronic and paper records, Waller addressed the client’s business concerns by drafting a document retention policy. The policy outlined the length of time the client was required to retain certain documents based on regulatory and statutory requirements, and set out standards for defensible deletion of documents.
■ Waller managed a collection, review and production of more than 1 million documents in an international dispute involving four related companies in the United States, Canada and Europe in compliance with the EU Data Protection Directive and Canadian Personal Information Protection and Electronic Document Act.
LITIGATION & DISPUTE RESOLUTION
When conflicts arise, clients turn to Waller because their objectives are our first concern. Whether the goal is to quietly resolve a dispute with as little disruption as possible, or to mount a full-scale pursuit or response, our attorneys work with clients to quickly define the best course of action to obtain results with minimal disruption and financial impact on the business.
Experienced in the courtroom, Waller's litigation team can handle any adversarial situation, whether at trial, arbitration, or on appeal. Harnessing our collectively broad and diverse talent, vast experience, multi-disciplinary approach and dedication to achieving success as defined by our clients, Waller attorneys are tenacious advocates, and what's more, our clients enjoy working with us.
Clients choose Waller for:
■ Subject matter expertise
■ Thoughtful strategy preparation
■ Direct, candid approach
■ Frequent, ongoing communication
■ Thorough understanding of each clients’ business
■ Staffing matters for the client’s needs, not ours
Although we seek to resolve differences expediently, sometimes going to court is the best solution. Whether displaying our formidable courtroom presence and willingness to do battle, or guiding clients through the dispute resolution process, we bring an impressive track record to every dispute.
Quick Contact
Heather J. Hubbard 615.850.6024 [email protected]
Litigation & Dispute Resolution
Service Highlights
■ Over 100 years of experience representing clients and resolving disputes
■ National recognition in more than 10 core industries, including:
− Antitrust
− Financial services
− Class actions
− Commercial litigation
− Environmental and toxic torts
− Healthcare
− Intellectual property
− Securities
■ Regularly represent clients in contested matters and investigations before federal and state governmental agencies
■ Active in the DRI, IADC and the American College of Trial Lawyers
■ Recognized annually by Best Lawyers for Bet-the-Company and Commercial litigation
■ Recognized as a leading litigation practice by Chambers USA
Alternative Dispute Resolution
Recognizing that mediation and mandatory arbitration contractual provisions have become common and that a courtroom is not always where clients can best resolve matters, Waller's litigators routinely and adeptly handle all forms of alternative dispute resolution.
Not only are clients served by our attorneys' comfort in ADR settings, several of Waller's seasoned litigators are listed by the Tennessee Supreme Court as Rule 31 general civil mediators, the American College of Civil Trial Mediators and AAA arbitrators. These respected attorneys bring candor, empathy, and integrity to their role as mediator and are regularly sought after by parties to highly complex business disputes.
Appellate Practice
Whether the appellant or appellee, clients are assured that Waller has a successful track record in the appellate courts. Bolstering our experience, the litigation team includes a specially appointed Chief Justice of the Tennessee Supreme Court and former appellate judges, federal prosecutors, and judicial clerks.
LABOR & EMPLOYMENT
In order to serve as valued business partners to our clients, Waller attorneys immerse themselves in employers' businesses, helping them proactively develop a strategy of checks and balances to minimize labor and employment disputes and conflicts. When issues arise, we analyze and discuss each matter with you to develop an understanding of your objectives. Our priority is to tailor our advice and service to achieve your goals effectively and efficiently—all while fostering a productive workplace, minimizing disruption to business, and reducing the legal exposure of day-to-day employment decisions.
At Waller, a diverse blend of attorneys focuses solely on employment issues for employers nationwide. We provide advice and counsel on matters involving:
■ Administrative matters
■ Class action litigation, including FLSA collective actions
■ Discrimination and harassment complaints
■ Healthcare
■ Internal investigations
■ Labor disputes
■ Litigation
■ Non-competition agreements
■ Wage and hour compliance and litigation
As a value-add for our clients, we also provide regular updates on the ever-changing range of issues in labor and employment law as well as in-house training programs and traveling seminars focused on delivering relevant, topical information.
Clients choose Waller for our:
■ Practical, usable advice
■ Ability to help employers resolve issues before reaching the courtroom
■ Experience providing advice on operational matters
■ Practice of making your objective our singular focus
Quick Contact
John Park 615.850.8767 [email protected]
Labor & Employment
Waller attorneys:
■ Have successfully defended public and private companies against single plaintiff, multi-plaintiff, and class action lawsuits in a wide range of industries throughout the country
■ Represent employers in disputes before the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), Department of Justice (DOJ) and other federal, state and local agencies
■ Are recognized annually by Best Lawyers and Chambers USA
Internal Investigations
When it comes to labor and employment, employers seeking expert and unbiased investigation of internal allegations turn to Waller. Responsive, efficient, and creative, our attorneys strive to solve internal issues with minimal impact on the business. Whether addressing discrimination, harassment or other issues, Waller has both insight and experience on handling crises.
Several of our seasoned Labor & Employment attorneys also serve on our crisis management and avoidance group, which helps clients manage and avoid business crises by providing a frank assessment of the company’s ability to wage a successful campaign. Using an integrated approach that addresses legal, political, business, and public relations issues, we develop strategies and tactics to create a consistent message focused on both short-term challenges and long-term goals.
Labor and Relations Counseling
Waller clients often turn to us for counsel regarding business operations involving union labor. In addition to providing counsel on union-specific rules and regulations, we strive to develop effective training programs on topics ranging from wage and hour regulations, to sexual harassment, discrimination and dealing with difficult employees.
In addition, we assist clients in drafting employment contracts, policies and manuals, including:
■ Arbitration agreements
■ Drug and alcohol testing policies
■ Employee handbooks
■ Leave policies
■ Non-competition agreements and separation agreements
■ Work rules
HEALTHCARE OVERVIEW
Amid the uncertainties of healthcare reform and the realities of heightened regulatory enforcement, Waller helps providers of healthcare services focus on their primary mission – delivering high-quality patient care – just as we've done for more than 40 years. Many of the nation's largest publicly traded and privately owned healthcare companies, tax-exempt hospitals and systems, and publicly owned hospitals and health systems, rely on Waller's healthcare attorneys for advice and counsel on mergers and acquisitions, joint ventures, physician alignment, Medicare reimbursement issues, Stark and anti-kickback compliance, patient privacy regulations, government investigations, commercial finance and securities, real estate transactions and employment issues. Many of our client relationships span decades because our clients view us as a strategic business partner; we understand our clients' industry and objectives, and create value for our clients. Clients choose Waller for our:
■ Deep roster of more than 100 experienced healthcare attorneys
■ Creative insight and the efficient delivery of cost-effective solutions
■ National contacts in the healthcare industry and related service areas
■ Multi-disciplinary approach that supports every facet of client objectives and operations
■ Experience across virtually every segment of the healthcare services industry
Our reputation for experience and insight is highlighted by our recognition as a thought leader in the healthcare industry. Our attorneys are frequently quoted and published in prominent national publications such as Modern Healthcare, The Wall Street Journal, The New York Times, Becker's Hospital Review and The Deal. We are also regular speakers at leading industry and professional conferences presented by the American Health Lawyers Association, the American Bar Association and numerous others.
Healthcare Services ■ Commercial Finance ■ Compliance & Operations ■ Government Investigations ■ Immigration ■ Information Technology ■ Labor & Employment ■ Litigation ■ Mergers & Acquisitions ■ Real Estate ■ Securities ■ Tax
Industry Sectors ■ Accountable Care Organizations ■ Behavioral Health Services ■ Dental ■ Dialysis ■ Healthcare REITs ■ Home Health & Hospice ■ Hospitals & Health Systems ■ Information Technology ■ Life Sciences ■ Outpatient Health Services ■ Physician Practices ■ Rehabilitation ■ Senior Living and Long Term Care ■ Skilled Nursing Facilities ■ Specialty Lenders ■ Urgent Care
HEATHER J. HUBBARD
Partner, Deputy Practice Group Leader, Litigation and Dispute Resolution
615.850.6024 direct [email protected]
Assistant: Carla Blevins 615.850.6160 [email protected]
Join me on LinkedIn
Nashville City Center 511 Union Street Suite 2700 Nashville, TN 37219 615.244.6380 615.244.6804 fax
Clients with intellectual property and complex commercial litigation matters depend on Heather Hubbard for advice and counsel. A considerable portion of Heather’s practice involves disputes related to:
■ Copyright
■ Trademark
■ Technology licensing
■ Patents
■ Franchise
■ First Amendment
■ Publicity
■ Internet disputes
Clients in the motion picture, television, and music industries also rely on Heather to perform pre-publication reviews, counsel them on pre-suit investigations, and vigorously represent them in litigation matters. Heather’s practice also includes business litigation such as:
■ Breach of contract
■ Business torts
■ Antitrust
■ Unfair competition
■ Trade secrets
Heather is decisive, responsive, and efficient. Her reputation for adeptly managing complex litigation resonates with litigation clients, and her natural ease with process management results in efficient case handling. Respecting her technological skills, attorneys and clients rely on Heather to counsel them on e-discovery and data management issues. Heather is frequently called upon to serve as the "ESI coordinator" in federal litigation. Her experience includes overseeing and planning cost-effective methods to preserve, collect, review and produce data, including in cross-border international disputes.
Industries Served
■ Media | Entertainment ■ Information Technology ■ Franchise
Legal Services
■ IP Litigation ■ Litigation & Dispute Resolution ■ E-Discovery and Data
Management ■ Intellectual Property ■ Business Asset Protection
Education ■ J.D., Vanderbilt University Law
School, 2004 • Executive Justice for National
First Amendment Competition • Moot Court Board • American Bar Association
Entertainment Law Initiative Award
■ B.A., summa cum laude, University of Louisville, History and Political Science, 2001
Bar Admissions ■ Tennessee
Court Admissions ■ U.S. Court of Appeals for the
Sixth Circuit ■ U.S. District Court, All Districts
of Tennessee ■ U.S. District Court, Western
District of Texas
Heather J. Hubbard
While prepared to do battle in a courtroom, Heather also delivers strategic advice to aid companies in avoiding disputes. In either case, clients can be comfortable that Heather's bright personality will carry them through.
Best Lawyers recognizes Heather in the categories Litigation-Intellectual Property, Litigation-Patent, Copyright Law, and Trademark Law. She was also recognized as one of Nashville Business Journal's Top 40 Under 40 and as an "IP Star" in the inaugural list by Managing Intellectual Property magazine, which based its rankings on surveys and interviews with peers and in-house counsel.
Professional ■ Fellow, Leadership Council on Legal Diversity
■ Member, Nashville, Tennessee and American Bar Associations
− Litigation, Entertainment & Sports Law and Intellectual Property Sections
− Former Executive Council Member and Chair, Copyright Subcommittee of the TBA Intellectual Property Committee
− Former author of "Legislative Update" for TBA Entertainment & Sports Quarterly Newsletter
■ Member, Media Law Resource Center, Entertainment Law Committee
■ Member, National Academy of Recording Arts & Sciences
■ Voting Member, Country Music Association
■ Member, Copyright Society of the USA and Copyright Society of the South
■ Member, The Sedona Conference Working Group on E-Discovery
■ Member, The Electronic Discovery Reference Model Working Group
■ Member, Tennessee Leadership Law
■ Member, Women's Music Business Association (ex officio board member)
■ Member, Nashville Young Leader's Council
■ Member, Society of Leaders in Development
Prior Affiliations
■ Associate, Hall, Booth, Smith & Slover, P.C., Nashville, Tenn., 2004-2006
Community ■ Board Member, W.O. Smith School of Music
− Chair, The Birdhouse Thing event
■ Tennessee Volunteer Lawyer for the Arts
■ Former Mock Trial Coach, Martin Luther King, Jr. Magnet High School
■ Firm Co-Chair, 2011 United Way Campaign
■ Firm Co-Chair, American Heart Association Heart Walk
Up Close
Heather enjoys spending time with her two high-energy border collies. On the weekends, you can find them hiking trails in Percy Warner Park or competing in Flyball competitions.
Heather J. Hubbard
Articles ■ “Trolling for Lawsuits Among Dormant Patents,” by Heather Hubbard, Nashville Business Journal ■ "Forty Under 40” Honoree, Q&A with Heather Hubbard ■ "Essential Components of Every Successful Intellectual Property Litigation Strategy," chapter by
Heather Hubbard in Litigation Strategies for Intellecutal Property Cases (Aspatore, 2013) ■ "Some Pointed E-Discovery Lessons from a Battle of Giants," by Heather Hubbard, Mark Bell,
and Tera Rica Murdock, Today's General Counsel ■ “Data Retention, Meet Data Management,” by Heather Hubbard, Corporate Counsel
Media Mentions ■ “NBJ Profiles 2013 40 Under 40 Honorees,” Heather Hubbard recognized by the Nashville
Business Journal ■ Robb Harvey and Heather Hubbard in THE HOLLYWOOD REPORTER, "How the Weinsteins Beat
'Soul Man' Singer Sam Moore in an Important Lawsuit"
Blogs ■ Debate Continues over Patent Reform ■ U.S. International Trade Commission Publishes Proposed Rules To Limit E-discovery ■ Heather Hubbard Contributes to Corporate Counsel ■ CSUSA Panel on Digital Activism ■ Healthcare Data Breaches on the Rise ■ How to Control E-Discovery Costs ■ Losing Hope: Artist of Obama Poster Pleads Guilty ■ NLRB Report on Social Media Policies ■ Super Lawyers ■ Fifth Anniversary of e-Discovery Rules ■ FTC/Facebook Settlement Reportedly Imminent
Events ■ Implementing A Corporate Legal Hold Program ■ "Top Questions We Get at VLPA, Part 2: Copyright and Fair Use," Heather Hubbard, Co-
Presenter, Nashville's Art Crawl CLE Program ■ "E-Discovery for the Corporate Market Conferences: 'The Exchange'," Heather Hubbard,
Roundtable Participant, Today's General Counsel Executive Institute (New York, NY) ■ "Legal Hold Principles Revisited," Heather Hubbard, Co-Presenter, eDiscovery Journal (eDJ) Boot
Camp (Atlanta, GA) ■ "Defensible Deletion," Heather Hubbard, Co-Leader and Presenter, eDiscovery Journal (eDJ)
Peer Group
Press Releases ■ Waller's Heather Hubbard Named Fellow to Leadership Council on Legal Diversity ■ Waller Lansden Announces New Practice Group Leaders ■ Heather J. Hubbard selected to participate in the Tennessee Bar Association's 2012 Leadership
Law Program
JOHN PARK
Partner
615.850.8767 direct 512.685.6400 alternate [email protected]
Assistant: Conte Hackett 615.850.8774 [email protected]
Nashville City Center 511 Union Street Suite 2700 Nashville, TN 37219 615.244.6380 615.244.6804 fax
100 Congress Avenue Suite 2200 Austin, TX 78701 512.685.6400 512.685.6417 fax
John Park represents national and local employers facing allegations of discrimination, harassment, retaliation and wrongful discharge arising under all major federal and state employment laws. He spends time in both our Nashville and Austin offices. John has defended and assisted clients in matters including:
■ Obtaining jury verdicts in single- and multi-plaintiff cases denying claims of discrimination and retaliation
■ Arguing and briefing cases before federal and state courts of appeals and the state supreme court
■ Successfully defending claims against a publicly traded financial institution brought under the whistleblower provisions of the Sarbanes-Oxley Act
■ Class and collective action litigation, including class certification issues, discovery on statistical experts, and the resolution of multi-plaintiff actions.
■ Enforcing, defending, and obtaining injunctive relief in non-compete and trade secret actions on behalf of employers
■ Implementing multi-state reductions in force, conducting wage and hour audits, and preventing and addressing issues arising under the NLRA and Collective Bargaining Agreements
■ Helping employers gain and maintain DBE and MBE status under federal, state, and local agency certification programs
John focuses on helping clients reach the business result that they want to achieve, and proactively addressing employee issues to minimize exposure to employment litigation. He is a frequent speaker and published author on a wide range of labor and employment topics and has chaired and moderated panels on whistleblower issues and the implementation of effective compliance programs. John recently served as a Regional Editor for a national trade-secret/non-compete compendium.
Industries Served
■ Healthcare Industry ■ Retail and Mixed Use ■ Wireless Telecommunications ■ Banking | Financial Services
Legal Services
■ Labor & Employment ■ Labor & Employment Class Actions ■ Discrimination & Harassment ■ Labor Disputes ■ Wage and Hour (FLSA) ■ Healthcare Labor & Employment
Education
■ J.D., University of Notre Dame, 2005
• Articles Editor - Journal of Legislation
■ M.B.A., magna cum laude, University of Notre Dame, 2002
• Joyce MBA and University of Notre Dame Provost MBA Fellowships
• Beta Gamma Sigma Honor Society ■ B.B.A., The University of Texas at
Austin, Finance, 1998
Bar Admissions
■ Tennessee ■ Texas ■ Ohio
Court Admissions
■ U.S. Court of Appeals for the Sixth, Eighth and Eleventh Circuits
■ U.S. District Court, All Districts of Arkansas
■ U.S. District Court, Southern District of Indiana
■ U.S. District Court, All Districts of Tennessee
■ U.S. District Court, Southern District of Texas
John Park
John was awarded the 2013 Best Lawyers Under 40 by the National Asian Pacific American Bar Association (NAPABA), which recognizes "talented Asian Pacific American (APA) attorneys under the age of 40 who have achieved prominence in the practice of law while demonstrating an unwavering dedication to the APA community."
Professional ■ Fellow, Leadership Council on Legal Diversity
■ Co-Chair, Labor & Employment Committee, National Asian Pacific American Bar Association
■ Co-Chair, Minorities Opportunities Committee, Nashville Bar Association
■ Member, Board of Directors, Nashville LGBT Chamber of Commerce
■ Member, Steering Committee for the Defense Research Institute (DRI) Employment Law Section
■ Member, Nashville, Tennessee, and American Bar Associations
Prior Affiliations
■ Associate, King & Ballow, Nashville, Tenn., 2006-2008
■ Law Clerk, Chief Judge Randolph Baxter, United States Bankruptcy Court for the Northern District of Ohio, Visiting Judge in the District of Delaware, 2005-2006
Up Close
John enjoys exploring the outdoors and spending time with his son Noah and the family’s chocolate lab mix Zooey. He is a devoted fan of all University of Texas and Notre Dame sports.
Articles ■ "Setting the Right Tone at the Top when Promoting Law Firm Diversity," by John Park, Building
and Encouraging Law Firm Diversity
■ "Doctors Are Different: Understand Physician Noncompetes," by John Park and Danielle Church, Texas Lawyer
■ "How Implementing an Internal Investigations Policy Can Help Health Care Companies Reduce Risk and Expense," by William Athanas, John Park, and Sheila Sawyer, AHLA Connections
■ "Discrimination in Immigration – When 'Better Safe than Sorry' Becomes Bad Policy." by Vinh Duong and John Park, SHRM Legal Report
■ "Trade Secrets and Non-Competes: A Compendium of State Law," John Park (Regional Editor), DRI
■ "Navigating Between Scylla and Charybdis: Effectively Enforcing Corporate Compliance Programs Without Turning Violators Into Whistleblowers – Part 2," by Bill Athanas, Jennifer Weaver, and John Park, Corporate Compliance Insights
■ "Navigating Between Scylla and Charybdis: Effectively Enforcing Corporate Compliance Programs Without Turning Violators Into Whistleblowers – Part 1," by Bill Athanas, Jennifer Weaver, and John Park, Corporate Compliance Insights
Bulletins ■ Are Physician Non-Competition Agreements in Texas in Danger?
■ Banking and Financial Services Update, Vol. 9, Summer 2011
John Park
Media Mentions ■ "Developing a "Best-in-Class" Internal Investigation Policy," William C. Athanas, John Park and
Sheila W. Sawyer quoted in Health Care Law Roundtable
■ DRI's THE VOICE, "And the Defense Wins"
Blogs ■ Supreme Court to Review DOL's Position on Mortgage Loan Officer's OT Status
■ Supreme Court Extends SOX Whistleblower Protections to Employees of Private Companies
Events ■ "Advanced Investigation Techniques," John Park, Panel Chair, 2013 NAPABA Convention
(Kansas City)
■ The Policy and Political Ramifications of Canning vs. NLRB: "This Will Not Do" - Online Course presented by West LegalEdcenter
■ Accessing Capital: SBA Loans and Local State and Federal Third Party Certifications - DBE, MBE, GLBT
■ 2012 Optimum Solutions Users Conference-Nashville, Bahar Azhdari, John Park, Vinh Duong, Marti Downey, Presenters
■ 2012 Labor and Employment Workshops - Nashville, "Employment Law Issues and Trends: Get it Right Before the Fight"
■ 2012 Healthcare Briefing Series, Part 1 - "Compliance and Conflict: Effectively Enforcing Corporate Compliance Programs Without Turning Violators Into Whistleblowers"
Press Releases ■ Waller Elects Five New Partners