Managing Information Risk in an Evolving Regulatory World

Michael Simon is a managing director in the Boston office, in the Legal Management Consulting practice. He has over two decades of experience in the legal technology industry, providing consulting, strategic development and thought leadership in eDiscovery, information governance, privacy, knowledge management, and matter management. He is an adjunct professor at the Michigan State University College of Law, teaching eDiscovery.

Michael is a former trial attorney, with over six and half years of experience, and he was an early innovator in uncovering and using electronic evidence to win cases for his clients. For over a decade, Michael has provided clients with expert guidance on all phases of eDiscovery projects, from identification of custodians and data sources, to collection methodologies, search terms and strategy, review workflow and production formats. He has assisted numerous clients with developing or improving their programs in eDiscovery response, information governance and privacy.

Michael has also long been a thought leader in legal technology, having made over 100 presentations as speaker, panelist and moderator at national and local events, webinars, law firms, corporations and law schools. He has written dozens of articles on eDiscovery and legal technology topics, including a groundbreaking book on Internet Law in 2002.

Prior to joining Duff & Phelps, Michael was the principal of his own consulting firm, Seventh Samurai, LLC, Director for Strategic Development at Navigant and Director in Iron Mountain Consulting.

Michael received his J.D. from Loyola University Chicago School of Law, where he was a published author and an Editor-at-Large of the law journal, and his B.A. cum laude from Tufts University in History and Fine Arts History.

Martha Berek is Associate General Counsel, IT and Corporate Operations at United Technologies Corporation. Her responsibilities include counseling on cybersecurity compliance matters, and development of corporate policies and procedures related to cyber security. She also provides general counseling to corporate functional leaders. Prior to her current role, Martha was Associate General Counsel at Otis Elevator Company. From 2006 to 2009 Martha worked in Sydney, Australia as Director of Legal Affairs for UTCF&S Australia. Prior to joining United Technologies, Martha was as associate based in the Hartford office of Day, Berry & Howard. Martha holds a Bachelor’s degree in Government from Harvard College and a Juris Doctor from Boston University.

Kenneth N. Rashbaum advises multinational corporations and healthcare organizations in the areas of privacy, cybersecurity and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and non-U.S. laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.

Ken serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required. He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation. Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.