Alan M. Winchester
Member
Mr. Winchester is a member of the firm and leader of the e-info℠ Electronic Information Counseling and Management Team, which provides comprehensive document management services for both transactional and litigation scenarios. He also practices within the Medical and Life Sciences Industry Team and in the Mass Torts and Industry-Wide Litigation Practice Group.
As electronic discovery counsel, Mr. Winchester is experienced in all phases of information management relating to the development of document management strategies and policies, compliance with regulatory agencies, e-discovery, including the preservation, collection and production of documents, development of search criteria, review of documents for responsiveness and privilege, sampling of electronic documents for pre-litigation assessments, as well as the development of retention and disaster plans. Present and recent assignments include:
- Discovery counsel for a major pharmaceutical drug subject to recall due to concerns about the manufacturing process.
- Discovery counsel to defendants in complex federal court matters in the implementation of litigation holds and good faith compliance with obligations for disclosure of Electronically Stored Information (ESI) under the revised Federal Rules.
- Document counsel to an entity involved in a significant Department of Justice investigation.
- Regulatory and compliance counsel to national health care insurer seeking to develop document retention plans that incorporate Electronically Stored Information (ESI).
- Regulatory and compliance counsel to quasi-governmental agencies seeking counseling on record retention strategies for ESI.
- Risk assessment counsel to multiple international pharmaceutical companies seeking prelaunch evaluations of their products.
In the tort arena, Mr. Winchester focuses his practice primarily on litigation involving technology and pharmaceutical products. He has defended manufacturers of chemical or pharmaceutical products in products liability claims brought as class actions, multi-district litigation and statewide consolidations or as individual suits involving cancer, cardiac and pulmonary defects, birth defects and other systemic injuries. He has also acted as national counsel, local counsel, and science counsel for numerous companies.
Present assignments include:
- National counsel of a manufacturer of devices and pharmaceuticals used in dentistry.
- National counsel to a manufacturer of pharmaceutical products containing phenlypropanolamine (PPA).
- National counsel to a manufacturer of the pharmaceutical pergolide.
- National counsel to a maker of hormone replacement therapy (HRT).
- Regional counsel to a sporting goods and toy manufacturer for product liability and Consumer Products Safety Commission claims.
Professional & Community Activities
Mr. Winchester frequently authors articles on e-discovery and lectures to industry representatives, law firms, and in-house counsel in the areas of technology and its use in managing large and complex litigation. Mr. Winchester is a member of the Defense Research Institute, the Claims and Litigation Management Alliance, and the Sedona Conference. Mr. Winchester is also a member of the New York State Court System's E-Discovery Working Group by appointment of Chief Administrative Judge Ann Pfau. This group is charged with providing assistance to the court system on the many electronic discovery issues in the courts.
Articles:
- “Harvesting Evidentiary Tools from the Sea of Text Messages,” New YorkLaw Journal, October 4, 2010.
- “Implementing an Effective ESI Legal Hold—Minimizing Risk while Ensuring Compliance,” DRI, For The Defense, Summer 2009.
- “Patterns Start to Emerge as Laws Around E-Discovery Evolve,” RochesterBusiness Journal, February 2009.
Presentations:
- “Document Management and E-Discovery in Life Sciences Product Liability Cases,” American Conference Institute Products Liability Boot Camp for Life Sciences, July 2010.
- “The Need to Document Your E-Discovery Efforts,” Executive Counsel Institute’s E-Discovery for the Corporate Market, July 2010.
- “Record Management Before and During Litigation,” CLE at Wawa, Inc., Wawa, PA, June 2010.
- “Internal Investigations,” ACE Insurance, CLE, April 2010.
- “Taming the E-Dragon—Controlling Costs, Avoiding Double Billing and Winning Fee Disputes for Duplicative E-Discovery in Litigation of all Sizes,” Council on Litigation Management, March 2010.
- “Managing & Upgrading Document Retention,” American Conference Institute, Sixth Annual Insurance Regulations, February 2010.
- “CLE for Litigators,” Harris Beach, January 2010.


