Andrea L. D'Ambra
US Head of Technology and US Head of eDiscovery and Information Governance
Norton Rose Fulbright US LLP
Andrea L. D'AmbraTélécharger la carte virtuelle
- Gouvernance de l’information, protection des renseignements personnels et cybersécurité
- Preuve électronique
- Intelligence artificielle (IA)
- Litiges et différends
Andrea L. D'Ambra is a partner in the New York office and spearheads the firm's outreach to Technology sector clients in the United States. She is also the U.S. Head of eDiscovery and Information Governance. Andrea focuses her practice on data privacy, e-discovery, cross border discovery, and cybersecurity.
Andrea works with clients to manage information risk, whether it is related to litigation or regulatory inquiries, navigating foreign data privacy laws, assessing the impact of a cybersecurity incident, or managing the day to day retention of an organization's data. Andrea works with numerous technology clients and has deep expertise in addressing the unique issues that arise for tech sector clients. She is also a recognized thought leader on the challenges posed by emerging technologies. During the past five years, she has championed the leveraging of advanced technology to quickly, efficiently, and defensibly respond to Hart-Scott-Rodino (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 U.S. 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 was an adjunct professor of law at Temple and William and Mary Law Schools where she taught classes on Electronic Discovery for over 10 years. Andrea spent three years as a member of the Steering Committee of the Sedona Conference's Working Group 1 that focuses on Electronic Document Retention and Production. She was recently appointed to the Georgetown Advanced EDiscovery Institute's advisory board. 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).
JD, William and Mary School of Law, 2003
BS, Political Science, United States Naval Academy, 1993
While in law school, Andrea served on the William and Mary Law Review and William and Mary Bill of Rights Journal. She also earned the George Wythe Prize for exemplary service to the school community. After law school, she clerked for the Honorable Ronald L. Buckwalter, United States District Court Judge for the Eastern District of Pennsylvania.
Andrea is admitted to practice before the US District Court for the District of New Jersey, the Southern District of New York, the US District Courts for the Western and Eastern Districts of Pennsylvania, The US Court of Appeals for the Second, Third, Eighth and Federal Circuits, and the US Bankruptcy Court the Western District of Pennsylvania.
- New Jersey State Bar
- New York State Bar
- Pennsylvania State Bar
- Virginia State Bar
- Lead eDiscovery counsel on Hart Scott Rodino Second Requests, European Commission Requests for Internal Documents, and Canadian Supplemental Information Requests in numerous merger and acquisition matters.
- Lead counsel on numerous data breach investigations and regulatory responses.
- Advisor to companies based in Denmark, Germany, France, and China (among others) on cross border discovery issues related to US-based litigation.
- Lead eDiscovery Counsel for the main defendants in one of the largest environmental contamination cases in the United States.
- eDiscovery counsel and liaison for multinational retailer in a multi-million dollar tax overcharge case.
- eDiscovery counsel for foreign parent company of a U.S. automobile manufacturer in a multi-district litigation regarding allegations of a product defect.
- eDiscovery counsel for a foreign pharmaceutical company in a multi-district antitrust litigation.
- eDiscovery counsel for a U.S. pharmaceutical company and its foreign parent company providing advice on data disposition.
- eDiscovery counsel for a large insurance company advising on production of structured data in a series of claims litigations.
- Counsel for a world-famous photographer and his Studio, advising on a host of issues from IP infringement, personnel issues, and contract disputes.
- First chaired a federal jury trial in the E.D. of Pennsylvania regarding an alleged violation of a non-compete agreement.
- Argued before the Federal Circuit on behalf of a veteran seeking redress for USERRA violations by the U.S. Army.
- Chambers USA, Nationwide, Litigation: eDiscovery & Information Governance, Chambers and Partners, 2019 – 2023 (conferred by Chambers and Partners), Band 2.
- Chambers Global, Nationwide - USA, Litigation: eDiscovery, Chambers and Partners, 2020 – 2023 (conferred by Chambers and Partners), Band 3.
- The Legal 500 US, Leading Lawyer, eDiscovery, The Legal 500, 2023
- Legal 500 USA, Recommended, eDiscovery, The Legal 500, 2021 – 2023 (conferred by Legalease Ltd.)
- Legal 500 USA, Recommended, Cyber law (including Data Privacy and Data Protection), The Legal 500, 2022 - 2023 (conferred by Legalease Ltd.)
Learn more about the descriptions of the selection methodologies for rankings and recognitions. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Quoted, "Pandemic Zoom, Teams Surge Offers Evidence Trove to Prosecutor," Bloomberg Law, May 2, 2023
- Co-author, "Biological Computing and Related Legal Considerations," Norton Rose Fulbright Inside Tech Law Blog, March 9, 2023
- Co-author, "Minimizing cyber risk through effective governance," CIO Applications, December 6, 2022
- Co-author, "FTC action against data-breach victim and its CEO could signal new era of enforcement," Washington Legal Foundation, November 28, 2022
- Mentioned, "Jiffy Lube Fights Bid To Substitute No-Poach Plaintiff, " Law360, September 26, 2022
- Co-author, "California Next in Line to Significantly Alter Discovery and Settlement in Civil Actions Concerning Public Health or Safety," Legaltech News, July 14, 2022
- Co-author, "Indepth Feature: Data protection and privacy laws," Financier Worldwide, June 22, 2022
- Co-author, "Businesses brace for increased cybersecurity litigation," Security Info Watch, June 6, 2022
- Co-author, "IP and cybersecurity disputes are top legal concerns for tech companies," TechCrunch, May 24, 2022
- Mentioned, "SEC Enhances Crypto and Cyber Oversight Functions," Banking Exchange, May 10, 2022
- Co-author, ""It's A High Risk for Us:" Healthcare Companies Report Cybersecurity As a Top Litigation Concern," Healthcare Business Today, April 28, 2022
- Quoted, "TAR 2.0 Resistance Likely Stems From Bad Memories—and Bad Marketing," Legaltech News, April 27, 2022
- Co-author, "Cybersecurity litigation remains growing concern facing financial institutions," Banking Exchange, April 18, 2022
- Quoted, "Cybersecurity risks evolve as war in Ukraine continues," BankBeat, March 24, 2022
- Quoted, "Companies' New E-Discovery Obligation: Find Out How Your Employees Are Communicating," Legaltech News, March 10, 2022
- Mentioned, "Running a tight ship: The Tipline for 28 February 2022," February 28, 2022
- Mentioned, "Jiffy Lube To Settle Class Action Over No-Poach Policy," Law360, February 25, 2022
- Co-author, "Reexamining Line-by-Line Confidentiality Designations: A Cost-Effective and Cooperative Approach," New York Law Journal, February 10, 2022
- Co-author with Michael W. O'Donnell, Jeffrey Brian Margulies and Marie Bussey-Garza, "Seventh Circuit weighs asking Illinois Supreme Court to resolve construction of the Biometric Information Privacy Act,", Pratt's Privacy & Cybersecurity Law Report, November/December 2021
- Co-author with Amanda Wait, Mark Angland, "Biden nominates privacy professor for FTC Commissioner," Norton Rose Fulbright Legal Update, September 17, 2021
- Co-author with Michael W. O'Donnell, Jeffrey Brian Margulies and Marie Bussey-Garza, "Seventh Circuit weighs asking Illinois Supreme Court to resolve construction of the Biometric Information Privacy Act," Norton Rose Fulbright Legal Update, September 2021
- Co-author with David Kessler, "Cross-border cyber review: It's not your typical eDiscovery exercise," New York Law Journal, January 29, 2021
- Featured Interview, "Technology & Documents," Global Antitrust and Competition Trends for 2020, May 4, 2020 (a discussion of the significant challenges around document productions in the merger control context)
- Co-author with David Kessler, "eDiscovery in the Time of COVID-19," Law360, March 26, 2020
- Co-author with David Kessler, "Redactions are Not the Problem, They are a Solution," New York Law Journal, January 31, 2020
- Co-author with David Kessler and Susana Medeiros, "A Guide to Remedying Document Discovery Mishaps." ABA Litigation Journal, Summer 2018.
- Co-author with Susana Medeiros, "Look before you leap: Considering the Legal Implications of Collaborative Technology," CIOApplications, September 30, 2018
- Co-author with Farrah Pepper, "Not Dead Yet: Custodian Driven-Collection in the Age of Collaborative Spaces," Bloomberg Law: Digital Discovery & e-Evidence, December 7, 2017
- Co-authored with Farrah Pepper, "Not Dead Yet: Custodian Driven-Collection in the Age of Collaborative Spaces," Norton Rose Fulbright, December 7, 2017
- Co-author with David Kessler and Alex Altman, "Quantitative Analysis of Courts' Application of Cooperation in Discovery Disputes from July 1, 2008 to November 1, 2016," EDI, 2017
- Co-author with David Kessler and Alex Altman, "Courts and Cooperation: Failure to Cooperate in E-Discovery: A quantitative study of how courts are considering parties' failures to cooperate," Legaltech News, January 31, 2017
- Co-author with Sam Sessler and Charles Platt, "Data analytics: How parties are using tools beyond TAR," Law360, November 10, 2016
- Co-author with David Kessler, "Understanding the Importance of a Global Discovery Platform," New York Law Journal, October 6, 2014
- Author, "Ten Things to Check on Your Next EDiscovery Bill," Today's General Counsel Magazine, August 13, 2014
- Co-author with Thomas Lidbury, "Delaware Court of Chancery Adopts ESI Preservation Guidelines," Commercial Litigation Alert, January 31, 2011
- Co-author with David Kessler and Gene Eames, "Once is Not Enough: The Case for Using an Iterative Approach to Choosing and Applying Selection Criteria in Discovery," EDRM White Paper, May 25, 2010
- Moderator, Navigating the eDiscovery and data governance maze: The challenges of off-channel short-form communications, Georgetown Advanced eDiscovery Institute Webinar, September 20, 2023.
- Advisory Board Member, ABA Cross Border Institute, Paris, France, July 20-21, 2023.
- Moderator, Holding Ground in a Shifting Landscape: Practical Approaches for Cross-Border eDiscovery Challenges, ABA Cross Border Institute, Paris, France, July 21, 2023.
- Co-Chair, The Sedona Conference International Programme, Valencia, Spain, June 13-14, 2023.
- Moderator, Operating under China's Personal Information Protection Law (PIPL), The Sedona Conference International Programme, Valencia, Spain, June 13, 2023.
- Panelist, Working Group 1 Virtual Town Hall: Ephemeral Messaging -- Is Traditional eDiscovery Gone Forever?, February 16, 2023.
- Moderator, 2R + TAR: Advanced Techniques for Addressing Second Requests, Government CIDs, Subpoenas and TAR Instructions, Georgetown Advanced eDiscovery Institute, November 17, 2022.
- Panelist, Legal considerations for the lifecycle of employee personal data, The Sedona Conference, Working Group 11 Mid-Year Meeting, November 2, 2022.
- Panelist, Defining a "Document" for ESI in Modern Collaboration Platforms, The Sedona Conference, Working Group 1 Annual Meeting, October 27, 2022.
- Moderator, The Rising Sea: Reducing Your Cyber Risk Profile & (Perhaps) Lowering Your Insurance Premium, EDI Annual Leadership Summit, October 13, 2022.
- Guest speaker, "The Cyber Wire," Creating Connections, June 20, 2022.
- Speaker, "Cybersecurity and data protection at the forefront of legal disputes," The Cyber Wire Podcast, June 2, 2022.
- Panelist, Mitigating Ransomware Attacks, Women in EDiscovery National Conference, May 3, 2022.
- Panelist, Privacy and data security legislative and regulatory update, The Sedona Conference Working Group 11 Annual Meeting, April 26, 2022.
- Panelist, Real World eDiscovery Challenges Posed by Communication Tools, Legalweek, March 10, 2022.
- Panelist, Beyond TAR 2.0: Exploring the Current State of TAR, Legalweek, March 9, 2022.
- Panelist, Cross-border data management: Addressing new regulations, The Sedona Conference, Working Group 6, February 4, 2022.
- Panelist, Getting Your Data House in Order, CDS PIIP Forum 2022, January 26, 2022.
- Panelist, ESI STORAGE MATTERS: Single-Instance Storage and the Demise of the Custodian?, Georgetown Advanced EDiscovery Institute, November 19, 2021.
- Panelist, CYBER/DATA: Ripped from the Headlines…Another Day, Another Data Breach: How Can Discovery Experts Address the Attack and Provide Notice?, Georgetown Advanced EDiscovery Institute, November 18, 2021.
- Panelist, Thinking Upstream about eDiscovery, Women in eDiscovery, New York Chapter, October 28, 2021.
- Moderator, Advisability of adopting a strict liability regime for data breaches involving personal information, Sedona Working Group 11 Mid-Year Meeting, October 28, 2021.
- Moderator, Let Me Guess, Proportionality?, Sedona Working Group 1 Annual Meeting, October 21, 2021.
- Panelist, Diversity and the Bottom Line, EDI Leadership Summit, October 14, 2021.
- Panelist, Information Governance, Data Privacy, and Data Breach Exposure Mitigation, The Privacy + Security Forum, September 30, 2021.
- Panelist, Cross Border Mergers & Acquisitions, ABA Cross Border Institute, July 23, 2021.
- Panelist, Thinking Upstream about eDiscovery, Women in eDiscovery, Philadelphia Chapter, July 19, 2021.
- Co-Presenter, Ethics in eDiscovery, PLI CLE program, June 23, 2021.
- Panelist, The Impact of Information Governance Compliance on Cybersecurity/Privacy Risk, ARMA Intl Member Webinar, June 3, 2021.
- Moderator, Discoverability of Mobile Devices, New Technology and Social Media Platforms, University of Texas Law School 2021 eDiscovery Essentials, April 20, 2021.
- Panelist, Information 360: A holistic view of data transfer, internal information sharing and cybersecurity, Norton Rose Fulbright Health Law Summit, April 13, 2021.
- Panelist, Diffusing the Enterprise Data Explosion: From E-Discovery to E-verything, Text IQ Inevitable Webinar Series, November 12, 2020.
- Moderator, Reinventing the Privilege Log, The Sedona Conference Working Group 1 Annual Meeting, October 29, 2020.
- Panelist, Generating Self-Authenticating Digital Evidence That'll Hold Up in Court, ACEDS webinar, October 8, 2020.
- Co-Presenter, Ethics in eDiscovery, PLI CLE program, June 24, 2020.
- Co-Presenter, eDiscovery Challenges Caused by COVID-19, PLI Webinar, April 13, 2020.
- Panelist, eDiscovery in the #MeToo Era: The Need for Background and Viewpoints Diversity on the eDiscovery Team, The Sedona Conference Institute, St. Louis, MO, March 6, 2020
- Panelist, Data Protection Enforcement Actions and Cross-Border Discovery & Disclosure, The Sedona Conference Working Group 6, Mid-Year Meeting, New York, NY, February 10, 2020.
- Panelist, Tech Matters: Managing Legal and Ethical Issues at the Cutting Edge of eDiscovery, Legal Tech Conference, New York, NY, February 4, 2020.
- Panelist, Opentext Cloud Summit, New York, NY, December 3, 2019.
- Moderator, TAR and AI, Georgetown Advanced eDiscovery Institute, Washington, D.C., November 22, 2019.
- Speaker, Applying TAR to M&A and Other Non-Traditional Uses, Opentext Enfuse Conference, Las Vegas, NV, November 12, 2019.
- Moderator, Here Today, Gone in Seconds, The Sedona Working Group 1 Meeting, St. Louis, MO, October 25, 2019.
- Moderator, Ephemeral data: Competing demands of data minimization and data preservation, The Sedona Conference Working Group 6 Mid-Year Meeting, Hong Kong, June 19, 2019.
- Panelist, Illuminations Summit, Data Reuse, Miami, FL, May 22, 2019.
- Co-Chair, The 13th Annual Sedona Conference Institute Program on eDiscovery: Protecting Privacy, Confidentiality, and Privilege in Civil Litigation, Charlotte, NC, March 7-8, 2019.
- Presenter, Understanding the California Consumer Privacy Act: Transparency and Consent and Anti-Discrimination: Oh My!, IAPP Privacy, Security, Risk 2018 Conference, Austin, TX, October 17, 2018.
- Presenter, A Sneak Peek of Norton Rose Fulbright's 2018 Litigation Trends Survey, Exterro inFusion Conference, Portland, Oregon, October 16, 2018.
- Chair, Data Privacy and Cybersecurity, Today's General Counsel Institute, New York, NY (May 2016-2018), San Francisco, CA (2015-2018), Washington, DC (2015-2016), Dallas (2017-2019), Los Angeles (2016-2020)
- Chair/Faculty, E-Discovery for the Corporate Marketplace, Today's General Counsel Institute, New York, NY (2013-2017), Chicago (2012-2014), Houston (2011-2020), Seattle (2014-2016), Los Angeles (2014-2020).
- Presenter, Ethics in Discovery 2018, Practicing Law Institute, New York, NY, June 27, 2018.
- Moderator, Seeing the Forest Through the Trees: Protecting Privilege in Complex Discovery, 12th Annual National Institute on E-Discovery, Chicago, IL, May 18, 2018.
- Panelist, New Technology, eDiscovery, and Attorney Competence, The Sedona Conference, Working Group 1, Mid-Year Meeting, Nashville, TN, May 3, 2018.
- Speaker, Breach Notification, 2nd Cybersecurity and Data Privacy Law Conference, The Center for American and International Law, Dallas, TX, April 12, 2018.
- Panelist, "Aftermath & Recovery" (After An Attack), Another Day at the Breach: Cyber Intrusion - A Conference of Experts, William & Mary Law and Business Schools, Williamsburg, VA, March 17, 2018.
- Panelist, Challenges Faced When Sending the Non-Profit Employee Overseas, Claims Litigation Management Annual Conference, Houston, TX, March 16, 2018.
- Moderator, The International Data Game, ASU-Arkfeld EDiscovery Conference, Phoenix, AZ, March 7, 2018.
- Panelist, The Good, the Bad and the Ugly: Addressing Cyber Risk Across the Legal Services Supply Chain, ASU-Arkfeld eDiscovery Conference, Phoenix, AZ, March 7, 2018.
- Panelist, Technology, TAR, Machine Learning and AI, Mobile Devices, 5th Annual Innovation in EDiscovery Conference, Chicago, IL, February 8, 2018.
- Panelist, Data protection and GDPR, 5th Annual Innovation in EDiscovery Conference, Chicago, IL, February 8, 2018.
- Moderator, From Buzzword to Process: Advancing Cooperation to Improve Discovery, Georgetown Advanced EDiscovery Institute, Washington, DC, November 16, 2017.
- Panelist, The Social Media Takeover: Is Your Organization Ready, The Masters Conference, New York, NY, July 25, 2017.
- Panelist, EDiscovery and Ethical Considerations for Social Media, Driven CLE, Philadelphia, PA, June 7, 2017.
- Presenter with Ken Rashbaum, Navigating the Intersection between Cybersecurity & E-Discovery, myCLE webinar, New York, NY, May 15, 2017.
- Panelist, Preservation and Discovery of Social Media, The Sedona Conference, Working Group 1 Mid-Year Meeting, Minneapolis, MN, May 4, 2017.
- Panelist, "Who Wants to be a Multi-National Corporation?", ASU-Arkfeld eDiscovery Conference, Phoenix, AZ, March 9, 2017.
- Moderator, "Search II Starting Off on the Right Foot with Technology-Assisted Review ("TAR")," ASU-Arkfeld eDiscovery Conference, Phoenix, AZ, March 8, 2017.
- Panelist, "Multilingual Data and Global Investigations," LegalTech, New York, NY, February 1, 2017.
- Webinar speaker, "Social media eDiscovery in civil litigation," Washington, DC, November 17, 2016.
- Moderator, Georgetown Advanced eDiscovery Institute Conference, "Navigating the Intersection between Cybersecurity and eDiscovery," Washington, DC, November 2016.
- "How to Test and Negotiate Search Terms," Colorado Association of Litigation Support Professionals, Denver, CO, October 2016.
- Panelist, "Discovery of Social Media," Women in eDiscovery Philadelphia Chapter, Philadelphia, PA, February 2016.
- Panelist, "Bring Your Own Device Commentary," The Sedona Conference, Working Group 1 Annual Meeting, Orlando, FL, October 29, 2015.
- Presenter, "The Importance of Instituting Reasonable Legal Hold Processes," presentation before PG&E's Records Retention Team at their annual meeting, September 2015.
- Panelist, "The Cloud and my iPhone – A Treasure Trove for Discovery," ALM Conference, Philadelphia, PA, September 2014.
- Panelist, "A Review of Proposed Changes to the Federal Rules of Civil Procedure," Masters Conference, Philadelphia, PA, July 22, 2014.
- Panelist, "Discovery 101: Processing, Review and Production," Women in eDiscovery, Philadelphia Chapter, Philadelphia, PA, July 9, 2014.
- Presenter, Cooperation in Practice Presentation, Georgetown Advanced eDiscovery Institute, Washington, DC, November 21, 2013.
- Speaker, Proposed Amendments to the Federal Rules of Civil Procedure, Electronic Discovery Journal, Philadelphia, PA, October 15, 2013.
- Panelist, "ESI and Data Privacy in the World of Mobile Computing Litigation Readiness in the Digital Age," Masters Conference, Washington, DC, September 19, 2013.
- Faculty, E-Discovery for the Corporate Marketplace, Today's General Counsel Institute, New York, NY, July 2013.
- Panelist, Cybersecurity Seminar, Masters Conference, Washington, DC, October 9, 2012.
- "Perspective on E-Discovery Procurement Trends," Masters Conference Series, Philadelphia, PA, May 24, 2012.
- "IP Fundamentals for Antitrust Specialists Program Series: Basics of Copyright, Trade Secretes and Trademarks" Webinar, American Bar Association Section of Antitrust law, Intellectual Property Committee, Philadelphia, PA, March 2, 2010.
- "Ethical Issues in Patent Law," 25th Annual Joint Patent Practice Seminar, New York, NY, April 30, 2009.
- "Success Strategies," Women in Business Summit, Philadelphia, PA, July 23, 2007.
- Law360 Cybersecurity and Privacy Editorial Board, 2022
- Member, William & Mary Law School Alumni Board
- Pennsylvania 5th & 7th U.S. Congressional Districts, Naval Academy Nomination Committees, Member (2006 - present)