| ROBERT D. BROWNSTONE |
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| Emphasis |
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Electronic Information Management |
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Electronic Discovery |
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Compliance |
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Privacy and Information Security |
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| Profile |
Mr. Brownstone advises clients on electronic discovery, retention/destruction policies and protocols, information-security and electronic information management. He also collaborates with clients as to computer solutions enabling compliance with legal obligations.
A nationwide speaker and writer on many law and technology issues, Mr. Brownstone is frequently quoted in the press as an expert on electronic information. He also teaches Electronic Discovery classes at the University of San Francisco School (USF) of Law and Santa Clara University School of Law.
He is a member of: four state bars (including California and New York); the Information Systems Auditing and Control Association (ISACA); and the Association of Records Managers and Administrators (ARMA). Mr. Brownstone is also the Vice-Chair of the executive committee of the State Bar of California's Law Practice Management and Technology (LPMT) Section.
In 2007, he was named to the National Employment Law Institute (NELI) Advisory Board. In 2006, Mr. Brownstone was named a Northern California Super Lawyer and featured in a cover story of ABA's Law Practice Magazine.
Before joining Fenwick & West in 2000, Mr. Brownstone had a varied 13-year career as a litigator, law school administrator, law school teacher and consultant.
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| Representative Clients |
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Capcom Entertainment, Inc. |
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Daimler Chrysler Corporation |
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Equinix, Inc. |
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Interwoven, Inc. (now part of Autonomy) |
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Omidyar Network |
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Opsware Inc. |
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Port of Oakland |
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Proofpoint, Inc. |
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Xilinx, Inc. |
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| Education |
Brooklyn Law School, J.D., magna cum laude, 1986 Swarthmore College, B.A., in English literature and political science, 1982
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| Admitted to Practice |
Member of the state bars of California and New York, an inactive member of the District of Columbia and the state of New Jersey bars and is also admitted to practice in many federal courts nationwide. |
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| Additional Information |
From 1995 to 2000, Mr. Brownstone was the Moot Court Program Coordinator at the University of San Francisco School of Law. During the 1997-98 school year, he also acted as Associate Dean for Academic Affairs and as Director of Legal Research & Writing at JFKU School of Law in Walnut Creek, California. From 1992 to 2000, Mr. Brownstone taught Legal Research Writing & Analysis at USF Law.
Between 1990 and 1995, Mr. Brownstone had key roles in some publicized cases, including as co-counsel to a state government plaintiff in a civil RICO case successfully tried in New York and as collaborator, with evidence law expert Bernard S. Jefferson, on a pivotal brief in an antitrust case.
From 1986 to 1990, when Mr. Brownstone practiced in New York, he was on plaintiffs' counsel's team in the civil suit against Claus von Bulow and on Lowell Milken's defense team in multiple Drexel Burnham Lambert matters.
Publications:
Efiling: Conversions, Redactions and Uploads, Oh My!, 30 The Bottom Line No. 5, at 3 (Oct. 2009) (Cal. State Bar LPMT Section membership required to use URL; copy available from author)
Privacy Litigation, chapter 9 of Data Security and Privacy Law: Combating Cyberthreats (West 2008 & Supp. Aug. 2009) (need Westlaw password to use URL)
How to Protect Your Clients and Your Firm's Electronic Information, 30 The Bottom Line No. 4, at 1 (Aug. 2009) (Cal. State Bar LPMT Section membership required to use URL; copy available from author)
California eDiscovery Legislation Signed Into Law, Effective Immediately, F&W EIM/LIT Alert (July 7, 2009) (co-author)
Give P's a Chance, Recorder (May 11, 2009) ("Policies . . . Protocols . . . [and] Preservation") (co-author)
Electronic Redaction, Tech Tip of the Month, State Bar of California LPMT E-News (Mar./Apr. 2009) (content available on request from the author)
Information Management for Mergers & Acquisitions Data Wrangling, Lassoing and Roping at the M&A Corral, VC Experts Inc.'s Encyclopedia of Private Equity and Venture Capital (May 2009) (co-author), updated version of article previously published in
- 12 M&A Lawyer # 9, at 10 (Oct. 2008); and
- 2008 Bus. L. News No. 2 (Cal. State Bar July 2008
The California Guide to Opening and Managing a Law Office ("GOMLO"), Ch 6, Technology (State Bar of Cal. 2008):
- Computer Security Privacy & Ethics Concerns, pp. 268-90 (co-author)
- eFiling, pp. 291-309
- Data Backup and Management, pp. 310-28 (co-author)
- Records Retention and Destruction, pp. 352-67
SOX Litigation-Hold Triggers Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice, Nat'l L.J. (Mar. 2008) (co-author)
Metadata: To Scrub or Not To Scrub; That is the Ethical Question, Cal. B.J. (Feb. 2008)
Saying Goodbye Just Got More Expensive; Complying With New Ethics Opinion Regarding Returning Electronic Data to Client at End of Representation, 29 The Bottom Line, No. 2 (Feb. 2008)
Secrets Easily Leaked by Friend or Foe In Publicly Filed .PDF Documents, 9 No. 10 E-Commerce L. Rep. 7 (West Oct. 2007), a/k/a Exposing Redaction, L.A.D.J. & S.F.D.J. (Oct. 15, 2007) (co-author)
Redaction Reaction; Do's and Don'ts, 28
The Bottom Line, No. 3, at 7, 24 (June 2007) (Cal. State Bar LPMT Section membership
required to use URL)
Northern California District Court Expands Information Retention Requirements, (F&W Litigation Alert 3/1/07) (co-author)
Preserve or Perish; Destroy or Drown eDiscovery Morphs Into EIM, 8 N.C.J. L. & Tech. (N.C. JOLT), No. 1, at 1 (Fall 2006)
E-Discovery Forum, 8-K Magazine (Cal. Law. Winter 2006) (panelist/co-author)
Web Sites' CDA Immunity: An Ever-Expanding Universe?, 1 Privacy & Data Protection Legal Rep., No. 11, at 1 (ALM LJN Dec. 2006) (co-author)
Electronic Discovery Focus Of Pending Federal Rule Changes Approved By U.S. Supreme Court, 15-6 Mealey's Emerg. Toxic Torts 25 (May 2006) (co-author)
The Complexity of Metadata, EDRM Project (May 2006) (author of this piece of Records Management "node")
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too, 1 Privacy & Data Protection Legal Reporter, No. 2, at 1 (ALM LJN Mar. 2006) (co-author)
Inefficient Electronic Discovery Management Can Cost Clients (F&W Litigation Alert 2006) (co-author)
Collaborative Navigation of the Stormy e-Discovery Seas, 10 Rich. J.L. & Tech. 53 (2004)
How To Sway Litigators To Embrace The Electronic Realm, 1 Mealey's Litig. Rep. Disc., No. 4, at 38 (2004)
EFiling - The Future is Now, Findlaw Modern Practice (2003)
EDiscovery: Preserving, Requesting & Producing Electronic Information, 19 Santa Clara Computer & High Tech. L.J. 131 (2002) (co-author)
EFiling: What is it? What are its Implications?, 19 Santa Clara Computer & High Tech. L.J. 181 (2002) (co-author)
Ninth Circuit Clarifies Scope of Fair Use of Computer Code, Fenwick & West Intellectual Property Bulletin (2000)
The National Labor Relations Board at 50: Politicization Creates Crisis, 52 Brook. L. Rev. 229 (1986) (need Westlaw password to use URL)
Featured and/or Quoted in:
Richard Acello, E-Degree; Group seeks standards for discovery workers, ABA Journal (Jan. 1, 2010)
Gartner Trip Report, Theatre in the Round Panel; Challenging the Enterprise Risk Management Team, (Nov. 19, 2009)
Arik Hesseldahl, Web-Based E-Mail: Businesses Beware, Business Week (Oct. 19, 2009)
Erika Morphy, Sidekick Data Rises From the Ashes, TechNewsWorld (Oct. 15, 2009)
Gartner Says Enterprises That Fully Document Their Search Processes in E-Discovery by 2012 Will Save 25 Percent on Their Collection Processes, Gartner Press Release (Sep. 17, 2009)
Joyce E. Cutler, Attorney Urges Privacy Policies For Public Employers to Avoid Pitfalls, (BNA) 8 PVLR 1266, Privacy & Security L. Rep. (Sep. 7, 2009)
Ryan Davis, Calif. E-Discovery Rules Welcomed, With Questions, Technology Law360 (July 15, 2009) (available by subscription)
Ryan Davis, Social Networks Could Create E-Discovery Headaches, Law360 (July 7, 2009) (available by subscription)
John Iasiuolo, Technology One Byte at a Time: Interview with Robert Brownstone, Expert on Electronic Information, KDOX 1280 AM, Las Vegas, NV (June 10, 2009) podcast/streaming-audio
Mari Frank, Protect Your Privacy in the Information Age: An Interview With Robert Brownstone, Attorney and Law and Technology Director, KUCI 88.9 FM, Irvine, CA (May 27, 2009) podcast/streaming-audio
Robert Mullins, Understanding the impact of new state data protection laws, Compliance & Governance Digest (Feb. 26, 2009)
Correy Stephenson, Advising clients before they hit 'send', Lawyers USA (Jan. 2009)
Erika Morphy, The Computer Fraud Act: Bending a Law to Fit a Notorious Case, E-Commerce Times (Dec. 2008)
Correy Stephenson, Clients take the reins in e-discovery; Risks, rewards for lawyers, Lawyers USA (Sep. 2008)
Justin Scheck, Tech Firms Pitch Tools For Sifting Legal Records, Wall. St. J. (Aug. 2008)
Kathleen Brockel, Metadata Ignorance is not bliss, LSNTAP (Aug. 2008)
Lawfuel, Law Firm Fenwick & West Director of Law & Technology Appointed to NELI Advisory Board (Aug. 2008)
Jack Germain, A Far-Fetched Fix for E-Voting Woes: Open Source, LinuxTimes (Feb. 2008)
Alan Cohen, Harnessing The Power of EDD; Electronic discovery costs are out of control; Can technology rein them in?, Law Firm Inc. (Nov. 2007) (copy available from http://lawfirminc.law.com upon request)
Mari Frank, Privacy Piracy: An Interview With Robert Brownstone, KUCI 88.9 FM (Jun. 2007), available by podcast/streaming-audio.
Allen Bernard, Data Overload is Overloading the Justice System, CIO Update (Jun. 2007)
Erika Morphy, Carving Out New Privacy Rights for E-Mailers, e-Commerce Times (Jun. 2007)
Anick Jesdanun, White House e-mail recovery not trivial, AP (Apr. 2007)
Pamela A. Maclean, Oracle E-Discovery Fight Heats Up, National Law Journal (Apr. 2007)
Alan Cohen, Data, Data Everywhere: Electronic Data Discovery How top law firms are capitalizing on the explosion in electronic data discovery, Law Firm Inc. (Apr. 2007) (free registration required)
Ari Kaplan, Data Discovery Dept?, Law Firm Inc. (Feb. 2007)
Drew Combs, Seminar Will Focus on New Issues in Electronic Discovery, Daily Journal (Feb. 2007) (subscription required)
Valerie Helmbreck, New fed IT rules: What to save and what to dump, Info Tech. Adviser (Progressive Business Audioconferences Jan. 2007)
Gary Gentile, Universities vulnerable to ID thieves, AP (Dec. 2006)
Paul J. Martinek, Voicemail, Audio: Subject To e-Discovery, Compliance Week (Nov. 2006)(need subscription or free trial to use URL)
Rob Robinson, [Gartner] Symposium/ITxpo | E-Discovery, Information Governance Engagement Area (Oct. 2006)
Peter Darling, Seeking Out New Markets: Tapping Into Client Trends for New Business and Bigger Profits, 32 ABA Law Practice, No. 6, at 28 (Sep. 2006) (cover story)
Marcy Burstiner, Dumpster Diving: Fenwick & West IT Group on the Cutting Edge, Law Technology News (Aug. 2005)
Ian Hoffman, Local groups descend on swing states, Oakland Tribune (Nov. 2004)
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Presentations:
- Compliance
- Gartner: Risk Mgmt. Summit panels – 4/09 (Chicago); 5/07 (N.O., La); IT Symposium panel 10/06 (Orlando)
- MIE Legal Services Corporation (LSC) national conference 9/08 (San Antonio)
- National Constitution Center (NCC) national broadcasts 8/08; 7/08 (Acrobat for Lawyers); 4/07; 3/07 and 12/06
- AudioSolutionZ/Eli national broadcast 6/08
- Workshare national broadcast ("Data Leakage") 5/08
- California Society of Health Care Attorneys ("IT for the Health Care Lawyer") 4/08 (Napa, CA)
- RSA P2P Panel in SF – 2/07 ("Standard of Care for Outbound Content;" co-facilitator)
- Gilbane SF Content Management Panel 4/06 (SF; co-presenter)
- Data & Document Retention/Destruction
- National Constitution Center (NCC) national broadcasts – 10/09; 5/09; 2/09; 1/09; 10/08; 6/08, 3/08, 6/07, 2/07 and 9/06
- BrightTalk broadcast – ERM Summit – 8/09 (available by podcast)
- LegalWorks/Daily Journal Electronic Discovery After the New Federal Rules Conference - 2/07 (Beverly Hills) - Moderator, Retention and Sanctions panels
- Progressive Bus. Pubs. PBP national broadcasts - 8/07, 12/06
- Strafford Publications national broadcasts (co-presenter) - 12/06; 10/06 (E-mail Best Practices); 7/06 (Retention/SOX); 4/06
- EDiscovery/Electronic-Information-Management (EIM)
- NCC national broadcasts 9/09 (New Cal. Legislation); 5/09 (litigation holds); 11/08; 4/08; 5/07; and 8/06
- Assoc. of Corp. Counsel (ACC) Bay Area Lit. Comm. – 9/09 (new Cal. legislation) panel (primary presenter)
- State Bar of Cal. webinar – panelist – New California Legislation – 8/09
- Santa Clara U. School of Law – Adjunct Professor, eDiscovery Law – Summer 2009
- Stanford E-Commerce Best Practices Conference – eDiscovery panelist – 6/09 (Stanford)
- Huron/Glasser eDiscovery (panelist) – 6/09 (San Francisco); and 10/08 (Stanford and San Francisco)
- Gartner eDiscovery Workshop – co-presenter on Search and Risk-Management Panels – 5/09 (Chicago)
- Strafford Publications national broadcasts (co-presenter) – 2/09 (Data Mapping); 7/08 & 11/07 (Search/Retrieval); 3/06 (Costs); 2/06 (Destruction/Preservation)
- State Bar of California Emp./Labor Section 10/08 (San Diego) – "Proactive Information Management Policies and Reactive eDiscovery Strategies")
- Litigation Support Today (DC) – 5/08 ("Preservation" co-presenter)
- Cal. State Bar Section Education Institute (San Diego, CA) - 1/08 (co-presenter)
- American Employment Law Council 10/07 (Ojai, CA) ("Ethical Dilemmas" co-presenter)
- National Employment Law Institute (NELI) Advanced Pre-Trial Advocacy Conference 6/07 (SF + DC); 6/06 (SF + DC); 6/05 (SF + DC); 6/04 (SF + DC); 6/03 (SF); 6/02 (SF + DC; co-presenter)
- Nevada State Bar CLE 5/07 (Las Vegas)
- USF School of Law 3/07 (SF, CA) (Civil Procedure guest lecturer)
- NELI Employment Law Briefing 3/07 (Key West, FL & Las Vegas, NV)
- RSA ESAF in SF – 2/07 ("Legal Discovery;" co-presenter)
- Bridgeport CE Conference in SF – 2/06 (Preservation); 2/06 (Technology Primer; co-presenter)
- SCCBA panels in Santa Clara – 12/05 ("Views from the Trenches") & 5/05 ("Views from the Bench")
- IP Inn of Court of Bay Area annual debate/presentation – 4/04 (Production Forms); 5/03 (Selection Criteria)
- Electronic Information in the Workplace
- Cal. State Bar Section Education Institute (SEI) 1/09 (Berkeley, CA)
- NELI:
- Public Sector & EEO Conference 8/09 & 8/07 (SF, CA)
- Emp. Law Workshops 5/09 (SF, CA); 5/08 (Chicago, IL; DC & SF, CA); 5/07 (SF, CA)
- Employment Law Briefings 3/09 (FL and CA); 3/08 (FL & CA); 3/07 (FL & NV)
- Emp. Law Conferences 12/08 (DC & NO, LA); 11/08 (Chicago & SF); 11/07 (NO, LA & SF, CA)
- NCC national broadcasts, 6/09; 1/08; and 1/07
- State Bar of Cal. Emp./Labor Section 4/09 panel (Sacramento, CA)
- State Bar of Cal. Section Education Institute (SEI) 1/09 (Berkeley, CA)
- Ass'n de Profesionales en Realaciones Laborales 10/05 (San Juan, PR)
- Information Security Obligations - Compliance by Lawyers + Law Dep'ts
- 5/08 (Witkin Legal Institute Lecture, Oakland, CA) (co-presenter)
- 9/07 (California State Bar; Anaheim); 5/07 (Nevada State Bar; Las Vegas)
- 8/06 (ILTA; Orlando); 6/06 (Alameda Bar); 2/06 (Bar Association of SF) (co-presenter)
- 12/05 (Fios webcast); 8/05 (ILTA; Phoenix) (co-presenter)
- Intellectual Property (IP) as Valuable Business Assets
- 12/07 (San Jose State University; San Jose, CA) (Industrial Design Program guest lecturer)
- 11/06 (California College of the Arts; SF, CA) (Design Program guest lecturer)
- Legal Writing
- 1/09;11/07 NCC national broadcasts - Be a Better Brief Writer
- 5/04 Cisco Systems worldwide legal all-hands (day-long Precision Drafting session)
- 5/03 Asian Pacific Bar Association of Silicon Valley ("Writing Effectively - Tips for In-House Counsel")
- Metadata Concerns For Litigation & Corporate Attorneys and Non-Lawyers
- Legal Services Corp. – Missouri statewide training, 10/09 (St. Louis, MO); national training, 9/08 (San Antonio, TX)
- NCC national broadcasts/webinars – 8/09; 3/09; 9/08; 5/08; 2/08; 10/07; 4/07 & 11/06
- Lorman Education Services nationally broadcast webinars – 8/09; and 2/09
- San Diego Cty. Bar Ass'n webinar – 6/09
- Blue Cross Blue Shield Ass'n Attorneys - national webinar 6/08; conference 5/08 (Glendale, AZ)
- California State Bar - 9/07 (Anaheim, CA)
- SCCBA - 9/07 (San Jose, CA)
- Professional Development - Alternative Careers for Lawyers
- Bar Association of San Francisco (6/04)
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