David J. Kessler

1997 - J.D., University of Pennsylvania
1997 - M.S., Governmental Administration, University of Pennsylvania, Fels School
1994 - B.S., Massachusetts Institute of Technology

David is admitted to practice in New York, New Jersey and Pennsylvania. David is also admitted before the U.S. Supreme Court, the Court of Appeals for the Federal Circuit as well as several District Courts.

David's experience includes:

• Representation of a global Fortune 50 pharmaceutical company as its primary e-discovery counsel; he counsels the company on litigation readiness, information management, data privacy and international discovery issues
• Representation of a global Fortune 100 company as its national e-discovery counsel; he counsels this client on tactical and strategic e-discovery questions as well as information management issues; some of the issues he presently handles include: (1) uncovering and prosecuting an opponent's use of fraudulent e-mails in a commercial litigation; and (2) managing e-discovery in the client's largest litigation in its history
• Representation of a global Fortune 150 pharmaceutical company in a wide variety of e-discovery problems; a member of the company's global e-discovery team, David assists this client in tactical problems (e.g. vacating ex parte preservation orders and preparing and defending 30(b)(6) witnesses on IT and e-discovery topics) and strategic concerns (e.g. developing guidelines for counsel, reviewing and revising record management procedures and selecting appropriate e-discovery vendors)
• Representation of a global Fortune 50 financial company in banking, insurance and asset management business with assets under management in the U.S. and abroad of approximately $2 to $3 trillion; he assists this client in revising and updating their global records retention and information security policies, and in implementing new preservation policies and litigation hold protocols

• American Bar Association
• Pennsylvania Bar Association
• Philadelphia Bar Association
• University of Pennsylvania Inn of Court
• Center for Professional Responsibility
• The Sedona Conference (Working Group 1 and Working Group 6)
• Electronic Discovery Reference Model
• American Intellectual Property Law Association
• Beasely School of Law at Temple University, Adjunct Professor and Guest Lecturer
• University of Pennsylvania School of Law, Adjunct Professor
• Cloud Security Alliance, Chairman of the Subcommittee on E-Discovery

• Chambers USA, E-Discovery (2011, 2012, 2013)
• Chambers Global, Litigation: E-Discovery - U.S. (2012, 2013)

• Panelist, "E-discovery Circa 2015: Will Aggressive Preservation/Collection and Predictive Coding be Commonplace?," LegalTech, February 1, 2012
• Panelist, "Ethics in E-Discovery," LegalTech, January 31, 2012
• Panelist, "Using Cutting Edge Technology to Reduce Discovery Costs Without Getting Into Trouble," Fulbright Breakfast Seminar, December 15, 2011
• Panelist, Plenary Session, "Corporate Approaches to Electronic Inforamtion Management: How to Manage Data and Prepare for Litigation in an Increasingly Mobile World," Georgetown Advanced E-Discovery Institute, November 17, 2011
• Panelist, "Electronic Data and E-Discovery Litigation: What Every Internal Legal Department Needs to Know," General Counsel Forum at NYSE, November 15, 2011
• Chair, Executive Counsel Institute on E-Discovery, Houston, Chicago, New York, Los Angeles, 2011
• Panelist, "Predictive Coding," Masters Conference, October 4, 2011
• Panelist, "E-Discovery in the Cloud: One Year Later," Masters Conference, October 3, 2011
• Panelist, "Developing Selection Criteria," 15th Annual Electronic Discovery and Records Retention Conference, New York, October 2011
• Speaker, "Social Media and E-Discovery," IQPC Oil & Gas Conference, Houston, October 2011
• Panelist, "International Discovery for Pharma," IQPC E-Discovery for Pharma, Biotech and Medical Device Companies, Philadelphia, September 2011
• Panelist, "Cirrus, Stratus and Cumulus: Three Perspectives on Cloud Computing," Compliance Week Web Seminar, March 23, 2011
• "Where Is My Ripcord? What Counsel and Compliance Officers Need to Do When They Find Out the Company's Data Has Been Shoved into the Cloud," Fulbright & Jaworski L.L.P. Web Seminar, March 1, 2011
• Moderator, "Evidence, Authenticity and Admissibility," Georgetown Law Advanced E-Discovery Institute, Washington D.C., November 18, 2010
• Panelist and Moderator, 14^th Annual Electronic Discovery and Records Retention Conference: Achieving Proportionality, New York, Chicago and San Francisco, October, November & December 2010
• "Effective Cost and Risk Containment Steps," and "Real ECA and Risk Analysis," Executive Counsel Institute's E-Discovery for the Corporate Market, New York City, July 12-13, 2010
• "Social Networking and Data Management: E-Discovery and Data Privacy in the Cloud," ACC Chicago, April 2010
• "Achieving a Cost Efficient, Defensible Document Review," and "Best Practices for Successful Multinational E-Discovery," LegalTech, February 2010 

• Co-author with Keith Angle and Ted Bosquez, "Texas appeals court rejects unfettered access to defendants' hard drives," Fulbright Alert, March 14, 2013
• Co-author, "Cloud Guidance Rains Down in July," Fulbright Briefing, July 24, 2012
• "Second Circuit Rejects Per Se Gross Negligence Standard for Failure to Issue a Hold Notice," e-Discovery and Information Governance, July 13, 2012
• "Debunking the Seven Biggest Myths of Predictive Coding," LJN's Legal Tech Newsletter, June 2012
• Co-author with Keith Angle and Emily Johnston, "Judge Peck Approves a Discovery Process That Includes the Application of Predictive Coding to Identify Responsive Documents," Fulbright Briefing, March 13, 2012
• Co-author with Emily Johnston, "Is the Gap Between Perfection and Negligence Closing?: Stripping the Dicta Out of Voom v. Echostar," BNA, February 16, 2012
• Co-author with Emily Johnston, "Discovery Subcommittee Holds Mini-Conference: No Consensus Reached On Preservation," BNA, September 29, 2011
• Co-author with Emily Johnston, "No Consensus Reached on Preservation: Discovery Subcommittee Holds Mini-Conference on September 9, 2011," Fulbright Alert, September 12, 2011
• Contributor, "Managing E-Discovery and ESI: From Pre-Litigation Through Trial," American Bar Association, August 2011
• Author, "The Federal Circuit's Focus on No Lesser Sanction in its Landmark Spoliation Cases Should be a Reminder for Future Sanction Cases," Wall Street Lawyer, July 2011
• Co-author, "Landmark Federal Circuit Decisions on Spoliation of Documents and Appropriate Sanctions," Fulbright Alert, May 16, 2011
• Co-author with Robert Owen and Emily Johnston, "Search Terms Are More Than Mere Words," New York Law Journal, March 21, 2011
• Co-author with Robert Owen, "Who Knows Best," Law Technology News, February 2011
• Co-author, "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, "New Federal Rule of Evidence 502 Offers Protections for Inadvertent Disclosure of Privileged Documents," Electronic Discovery Alert (DBR), September 2008
• Co-author, "Production of Data Protected by Foreign Statutes," Digital Discovery & e-Evidence, September 2008
• Co-author, "Recent Criminal Case May Shed Light on Several Civil Discovery Issues," Electronic Discovery Alert (DBR), March 2008
• Author, "Torn Between Two Laws," Legal Times (Intellectual Property Supplement), October 2007
• Co-author, "Preserving Privilege for In-House Counsel," Electronic Discovery Alert (DBR), October 2007
• Co-author, "Courts Begin Interpreting the E-Discovery Amendments to Federal Rules of Civil Procedure: Two Recent Opinions on Not Reasonably Accessible Sources," Electronic Discovery Alert (DBR), June 2007
• Author, "The Importance of IT Due Diligence," BI Report, April 2007
• Co-author, "Summary of New Amendments to Federal Rules of Civil Procedure," Electronic Discovery Alert (DBR), November 2006
• Author, "Electronic Discovery in Intellectual Property Litigation," Intellectual Property Today, March 2006
• Author, "Spoliation in Capital Post-Conviction Proceedings: Theory of Spoliation in Habeas Corpus - Part II," The Champion, December 2005
• Author, "Spoliation in Capital Post-Conviction Proceedings: Theory of Spoliation in Habeas Corpus - Part I," The Champion, November 2005

• New Jersey State Bar License
• New York State Bar License
• Pennsylvania State Bar License

David enjoys scuba, cooking and Eagles football.