Jennifer M. Feldman

Partner

Chair, eDiscovery and Information Management Practice
Head, eXplore eDiscovery Resource Center

Emailjennifer.feldman@us.dlapiper.com

Call+1 619 699 2738

San Diego

About

Jennifer Feldman is an eDiscovery practitioner and litigator who practices in both federal and state courts. She is chair of AKD Partners's eDiscovery and Information Management practice, and head of the firm's eXplore eDiscovery Resource Center. Jennifer serves as lead eDiscovery counsel on complex national and international litigation and investigation matters. She works with our clients and case teams to develop eDiscovery strategies to drive efficiency and defensibility advising on the deployment of policy, process and technology to reduce risk and cost. She also counsels clients on best practices for knowledge management and information governance outside of the litigation context, working with clients to create and implement cost-effective policies and procedures. She speaks to clients and industry groups on the subjects of electronic discovery, data retention and preservation and information governance.

Jennifer also has extensive experience in government investigations, internal investigations and securities litigation. Her background is in securities litigation, representing corporations and their officers and directors facing government investigation and/or class action and derivative litigation, with an emphasis on conducting corporate internal investigations and representing corporations and their officers and directors in connection with investigation by the Securities and Exchange Commission, Department of Justice and Financial Industry Regulatory Authority.

Areas of FocusHealthcare Litigation, Arbitration and Investigations Antitrust and Competition Regulatory and Government Affairs eDiscovery and Information Management

Bar admissionsCalifornia

CourtsUnited States District Court for the Southern District of CaliforniaUnited States District Court for the Central District of CaliforniaUnited States District Court for the Northern District of CaliforniaUnited States Court of Appeals for the Ninth Circuit

EXPERIENCE

Representative Matters

eDiscovery and Information Management

Assisted Fortune 100 company in memorializing its standard operating procedures for all aspects of discovery. Collaborated with in-house legal team to develop best practices and guidelines on the topics of litigation holds, preservation and collection of documents and data, and production of the same. The final work product was a multi-volume series of detailed procedures to be followed by all company employees facing discovery
Consulted on consumer class action case with respect to strategy for collection, review and production of potentially relevant data. Developed a budget and protocol for electronic discovery and managed team in execution of that strategy
Coordinated review, analysis and production of documents in securities litigation matter managing a nationwide team of reviewers to review more than 500,000 documents in a four month period
Consulted with major utility company to review and revise policies and procedures regarding litigation holds. Joined client's working committee to analyze these issues. Drafted revised policies for the implementation and release of litigation holds. Conducted training for all employees in legal, human resources, records management and information systems departments on litigation hold obligations
Coordinated collection of documents in response to Securities and Exchange Commission subpoena, requiring collection of data from personal devices and cross-border collection of data from client offices in China

Government Investigations

Representation of international technology company in connection with Securities and Exchange Commission's investigation of insider trading activity.
Representation of three individuals in connection with the Securities and Exchange Commission's investigation of the under-funding of the City of San Diego pension plan, including four days of testimony before the Commission and preparation of responses to numerous subpoenas from the Commission
Representation of San Diego-based metals company in connection with investigation by Department of Justice and grand jury, including response to grand jury subpoenas, preparation of witnesses for grand jury testimony and negotiations with US Attorney's Office and Department of Justice on complex discovery issues
Representation of former officer and board member of Gemstar-TV Guide International under investigation by Securities and Exchange Commission, including thirteen days of testimony before the Commission, preparation of a Wells submission, and extensive pre-litigation negotiations with Commission staff attorneys

Internal Investigations

Conducted internal investigation of alleged accounting errors at public company which resulted in a cumulative reduction in net income of US$10.2 million to determine if there was intentional wrongdoing
Conducted internal investigation of every stock option grant by a software company, which resulted in providing sufficient comfort to a Big Four audit firm that the company properly accounted for stock options despite minor discrepancies in record keeping
Conducted internal investigation of national, for-profit, educational institution into allegations of misconduct by senior management

Federal Securities Cases

In re Heckmann Corporation Securities Litigation. Representation of company and its officers and directors in securities class action suit pending in the US District Court for the District of Delaware arising from goodwill write-off related to acquisition of a company in the People's Republic of China
Perrin v. SouthWest Water Company. Representation of company and its officers and directors in securities class action suit for alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and Section 11 of the Securities Act of 1933 filed in the US District Court for the Central District of California arising from a restatement of the company's financial statements. The district court granted our motion to dismiss the Plaintiffs' Second Consolidated Amended Complaint with prejudice and without leave to amend as to all claims and all defendants. The case is now on appeal to the Ninth Circuit Court of Appeals
In re Titan Inc. Securities Litigation. Representation of an individual defendant in the federal securities case and in state court derivative litigation and in a federal grand jury investigation and investigation by the Securities and Exchange Commission. The civil litigation has been settled. The investigations appear to have been concluded with no action by the government

Awards

Pro Bono

Member, AKD Partners, San Diego Pro Bono Committee
Project leader, San Diego Signature Pro Bono Project: Serving Those Who Serve Our Country

Education

J.D., University of San Francisco 2001
cum laude

B.S., Psychology, Santa Clara University 1998
magna cum laude

Bylines

Seminars

"10 Must-Haves for Your Document Review Process & Technology," panelist, American Bar Association (May 2022)
"10 Must-Haves for Your Document Review Process & Technology," panelist, Today's General Counsel (June 2022)
"10 Must-Haves for Your Document Process & Technology," panelist, New York State Bar (September 2022)
"Document Review Bootcamp: The Ultime Guide for Increasing Client Satisfaction," panelist, ILTA (May 2022)
"The Evolving Court Requirements for E-Discovery Defensibility in Today's Big Data Age," panelist, ACEDS (July 2020)
"The Evolving Court Requirements for E-Discovery Defensibility in Today's Big Data Age," panelist, Exterro (October 2020)
"Cleaning Out the Data Closet: When and How to Defensibly Delete Digital Records," moderator, Zapproved Webcast, (June 2018)
"Hold the Phone! (or at least what's on it!) – ESI Preservation Pitfalls, panellist, 2018 ASU Arkfeld eDiscovery and Digital Evidence Conference (March 2018)
"Urgency, Secrecy, Transparency – Oh My! eDiscovery in Investigations," panellist, 2018 ASU Arkfeld eDiscovery and Digital Evidence Conference (March 2018)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, Los Angeles (December 2017)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, Seattle (October 2017)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, San Francisco (March 2017)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, Los Angeles (December 2016)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, San Francisco (March 2016)
Women in eDiscovery, Case Law Update, Panelist (January 2016)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, Los Angeles (December 2015)
AKD Partners LLP (US), 2015 Basics of Litigation Practice Academy, "eDiscovery: a Primer for New Associates," Chicago (November 2015)
"ESI and Competence," DTI Webcast, (October 2015)
eDiscovery for the Corporate Market, "The Exchange," Lead Moderator, Seattle (October 2015)
"Taking Control: Cost-Effective eDiscovery Strategies," panellist, 2015 SoCal eDiscovery and Information Governance Retreat (August 2015)
eDiscovery for the Corporate Market,"The Exchange," Lead Moderator, San Francisco (March 2015)