Finding a New Safe Harbor: Using Technology and 1LR to Comply With Cross-Border Data Privacy Rules

Brian Corbin is Vice President, Assistant General Counsel within the Litigation department at JPMorgan Chase. He serves on the leadership team of Legal Discovery Management, an in-house group that advises and coordinates with internal and external counsel in connection with the discovery process for JPMC’s litigation matters, regulatory inquiries, and investigations. In his role as internal discovery counsel, Brian leads a multinational team of discovery specialists and project managers, overseeing several programs related to legal preservation, information governance, retention policy, and data protection issues arising from cross-border discovery.

Prior to joining JPMC, Brian worked with managed services provider Clutch Group in Bangalore, India, and the law firm of Covington & Burling LLP in Washington, D.C.

Jason Priebe is a partner in Seyfarth Shaw's Chicago office and is the Midwest regional manager for Seyfarth's eDiscovery and Information Governance (eDIG) group. Mr. Priebe is licensed to practice law in Georgia and Illinois. His current practice focuses on issues involved in electronic discovery preparedness, planning and execution, as well as information privacy, information governance and data security. He routinely provides legal consultation and advice to several large and diverse corporations and organizations regarding the design and implementation of electronic discovery programs, including the development of policies and procedures for efficiently and defensibly preserving, collecting and producing electronically stored information (ESI). His experience includes serving as an in-house counsel for the nation's largest publicly traded property and casualty insurer, where he advised on issues involving litigation hold administration, information management, and electronic data discovery process and policy.

Mr. Priebe has extensive litigation and jury trial experience in a broad range of substantive areas, including individual and commercial insurance claims, subrogation and insurance coverage disputes. Since 2005, his practice has focused on eDiscovery, corporate compliance and information governance. His eDiscovery litigation experience has ranged from intellectual property and commercial cases involving a small number of data points and data custodians, to nationwide multi-district and class action cases involving several hundred individuals, complicated multilayered structured active and legacy database and storage environments, and many terabytes of potentially relevant information. He has also managed and coordinated ESI preservation and productions on behalf of several large corporations in response to regulatory agency and law enforcement investigations and informational requests.

Mr. Priebe frequently speaks on topics involving the practical application of eDiscovery standards in the reality of modern information storage and messaging environments, including storage and archival strategy, cloud computing, social networking, enterprise search, and record retention and content management solutions. He is a member of the Sedona Conference, and a participant in the Sedona Working Group on International Electronic Information Management, Discovery and Disclosure and the Chicago chapter of ARMA International.

As Managing Director at Consilio, Michael Becker supports international financial and industrial companies and law firms with comprehensive planning and management of eDiscovery, computer forensics and managed-reviewed solutions. Mr. Becker has extensive expertise in the design, development and implementation of solutions in antitrust, fraud, compliance and corruption procedures, litigation, arbitration and internal investigations with specialized consideration of international data protection regulations and legal process outsourcing.

In his role, Mr. Becker has led solutions design and implementation on some of the most extensive eDiscovery investigations in Germany, a large number of EU countries, the United States, Hong Kong and Japan. Mr. Becker’s most complex matter managed to date included over 82 million documents and over 1000 simultaneous custodians.

Prior to joining Consilio, Michael held leadership positions with several international law firms including CHSH Cerha Hempel Spiegelfeld Hlawati in Vienna and Bucharest and Debevoise & Plimpton in Frankfurt responsible for business development, client relationship oversight, thought leadership and overall client solution delivery. Mr. Becker is a currently licensed attorney in Munich and speaks German, English and Italian.

Ashley Baynham represents some of the world’s leading companies and their executives as well as other prominent individuals in high-stakes and sensitive matters involving the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and other federal and state agencies.

Ashley focuses on white collar criminal defense, securities enforcement actions, and complex commercial litigation.

Ashley has also handled significant pro bono matters, including successfully obtaining a pardon based on innocence for a defendant on death row. Additionally, she acted as a special assistant attorney general at the Office of Attorney General for the District of Columbia, where she successfully tried ten bench trials to verdict.

Prior to joining Brown Rudnick, Ashley was a partner at Nixon Peabody.

Ashley received her JD at Northwestern University School of Law in 2004.

Jeffrey Nass spearheads the eDiscovery program for Boehringer Ingelheim USA, a pharmaceutical company, headquartered in Germany. In his role, Jeff advises on strategy and issue resolution across all phases of the EDRM and oversees the execution of tactical eDiscovery tasks on domestic and cross-border matters. Much of Jeff’s current work focuses on the EU Data Directive and the establishment of practical, cost effective solutions designed to satisfy US discovery obligations while adhering to the principles of German Data Protection. Before joining Boehringer Ingelheim, Jeff served as Associate eDiscovery Counsel for Forest Laboratories, a pharmaceutical company, headquartered in New York. Jeff has over 15 years of experience in the fields of Records Management and Electronic Discovery. He has advised organizations on all aspects of evidence lifecycle management, including the development of record retention policies, legal hold strategies, discovery protocols, and document review techniques. Jeff has worked with clients in several highly regulated industries such as pharmaceuticals, financial services, oil and gas, and insurance. Jeff received his J.D., cum laude, from Pace University School of Law in 2006, his B.S. in Computer Engineering from Lehigh University in 1999, is a member of the State Bars of New York and New Jersey and is registered House Counsel in Connecticut.