Alan M. Winchester
Leader, E-Discovery (e-info℠) Practice Group
New York, NY
100 Wall Street
New York, NY 10005
U.S. District Court, New York - Eastern District
U.S. District Court, New York - Southern District
“In cyber or information security my greatest satisfaction is in helping companies appreciate and assess their risk so they can make informed business decisions. In electronic discovery, my most fulfilling moments are found in applying technology to perform document reviews often resulting in meaningful early case assessment which allow all the stakeholders in the litigation to make an informed decision about how much to invest in the litigation effort and what outcome to expect.”
Alan is experienced in all phases of the electronic discovery process. He and his group, which includes forensically trained IT professionals, routinely help organizations with the identification and preservation of potentially relevant content; its collection; review and finally production to the requesting party. He is a pioneer in the use of predictive coding to cost effectively and quickly identify responsive documents for early case assessment and review purposes and has been lecturing and writing in this area for the last four years. He has developed sampling methods used to test key word searches and to validate coding decisions.
Alan assists organizations develop and implement compliance programs for critical information and systems, offering guidance on legal and regulatory requirements associated with the storage of protected information and what to do in the event of a data breach, developing and implementing an information security incident response plan, working with IT professionals to investigate the scope of a data breach and working to represent organizations faced with either government investigations or private actions associated with cybersecurity loss.
Alan works with organizations to develop information governance policies. This includes preparing organizations for a potential regulatory or legal action, developing policies to safeguard important business transactions, and helping organizations comply with government and industry standards in developing best practices to manage and retain documents. Alan also assists organizations with information management relating to the development of document management strategies and retention policies and the development of disaster recovery plans.
Pharmaceutical and Medical Device Defense
In the tort arena, Alan 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.
RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS
- “Managing Your Cybersecurity Risk and Liability Exposure,” Legal Alert, March 2016.
- “We Need A National Cybersecurity Policy,” The Rochester Business Journal, February 12, 2016.
- “Federal Trade Commission v. Wyndham Worldwide Corporation Resolves with a Settlement,” Legal Alert, January 2016.
- “New York Department of Financial Services Signals New Cybersecurity Regulation Requirements,” Legal Alert, December 2015.
- “Developing an Information Security Policy for Network Addressable Equipment to Reduce the Risk of Cybercrime,” Legal Alert, November 2015.
- “Attacking Justiciability of Cybersecurity Claims in the Product Liability Context,” For The Defense, November 2015.
- “Minimizing Exposure to Claims Involving Identity Theft Under the Fair and Accurate Credit Transactions Act of 2003,” Legal Alert, November 2015.
- “Why It’s Important to Evaluate Cybersecurity Insurance Policies,” Legal Alert, June 2015.
- “U. S. House of Representatives Introduces Cybersecurity Legislation to Promote Information Sharing in the Aftermath of a Breach,” Legal Alert, May 2015.
- “New York State Enacts Rule Requiring Redaction or Omission of Personally Identifiable Information/Confidential Personal Information in Filed Court Papers,” Legal Alert, February 2015.
- “New York Attorney General Proposes Strongest Data Security Law in the Nation,” January 2015.
- “FDA’s Guidelines for Cybersecurity Related to Medical Devices is Another Element in the Security Mosaic,” Legal Alert, October 2014.
- “New Rules Make New York State Courts Leaders in Effort to Address ESI in Litigation,” Legal Alert, October 2013.
- “New York County Supreme Court Orders Second Discovery Production to Include Meta-Data,” Legal Alert, April 2012.
- “New York’s Appellate Division, First Department, Adopts Federal Standard of Each Party to Bear its Own Cost of Production,” Legal Alert, March 2012.
- The Appellate Division, First Department Rules When Under State Law an Entity Must Preserve Electronic Documents,” Legal Alert, February 2012.
- “Court Order Specifies Load File Format and Metadata Fields for Government Document Production,” Legal Alert, March 2011.
- “Avoiding the Siren Song of the Digital Age,” DRI, For the Defense, Summer, 2011.
- “Popularity of Cloud Computing Demands Shifts in Practices,” DRI, The Voice, April 2011.
- “Harvesting Evidentiary Tools from the Sea of Text Messages,” New York Law 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,” Rochester Business Journal, February 2009.
- “Proactive Records Management - Embracing Electronic Content,” DRI, Conference Panel, March 2008.
- “Managing Corporate Voicemails under the Amended Federal Rules of Civil Procedure,” Harris Beach Legal Alert, April 2007.
- “Class Action Fairness Eases Removal of Class Action Claims to Federal Courts,” Legal Alert, December 2006.
- “New Federal Rules of Civil Procedure Address E-Discovery Issues,” Legal Alert November 2006.
- “Use of E-Discovery in the Legal Arena, Rochester Business Journal, July 2006.
- “State-Based Medical Records Confidentiality - The Missing Link in E-Privacy Litigation,” DRI, For The Defense, June 2006.
- “E-Discovery: Identifying Smoking Gun Data on Both Sides of the Firewall,” Corporate Counsel webinar, September 2014.
- “How to Take Advantage of the Cloud for E-Discovery,” Legal Tech 2015.
- “Cyber 101: Building Bytes,” American Lawyer Media cyberSecure Conference, New York City, December, 2015.
- “Would You Trust a Thief?”, Cybersecurity webinar, June, 2016.
- “Ransomware Extortion Hack Simulation Workshop,” American Lawyer Media Mid-Year Cybersecurity and Data Protection Legal Summit, New York City, June 2016.
- “Case Management/Project Management: Roles in eDiscovery Workflows,” New York City Paralegal Association, August, 2016
- “The Shifting Cyber Risk Landscape for Law Firms: Advisory vs. Litigation & the Need to Incorporate Technical Solutions,” American Lawyer Media cyberSecure Conference, New York City, September, 2016.
- “The Use of Technology Assisted Review and Predictive Coding in E-Discovery and Information Governance,” Association of Records Managers and Administrators, Paralegals and Litigation Support Working Group, Women in E-Discovery, April 2013.
- “Predictive Coding and Technology Assisted Review,” Autonomy Innovation Forum, April 2013
- “Case Studies and Lessons Learned from the Use of Predictive Coding and Advanced Analytics," Legal Tech, January 2013.
- “Flat Fees in E-Discovery,” International Legal Technology Association, August 2012.
- “E-Discovery in New York- What You Need to Know,” CLE June 2012.
- “Introduction to Computer Assisted Coding and Changes to New York State Law,” April 2012.
- “Law and Business in the 21st Century Tap Computer Assisted Delivery,” Association of Legal Management, April 2012.
- “E-Discovery- What You Need to Know,” New York State Bar Association national webinar, March 2012.
- “Protecting Trade Secrets in Cross Border Discovery,” New York State Bar/Ontario Canada Bar Association Cross Border Summit, March 2012.
- “E-Discovery Streamlined: How Meaning Based Coding is Changing Hosted E-Discovery,” Medmarc, October 2011.
- “Ethics and the Electronic Age - Be Careful with that Blackberry, Social Media, Blog,” New York State Bar, January 2011.
- “Ethics in the Electronic Age - How to Avoid Pitfalls When Using Your Gadgets,” Appellate Division Supreme Court of the State of New York, Second Judicial Department, April 2011.
- “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.
- “Preventing Spoliation; Instituting Proactive Measures to Reduce Risk of Sanctions,” American Conference Institute Seventh Annual Advanced Forum on E-Discovery & Document Management, September 2009.
- “Implementing Effective Litigation Holds,” American Conference Institute, Life Sciences Seminar, March 2009.
- “Separating the Forest from the Trees: Step-by-Step Approach to Assessing Your Company’s Records Management Requirements,” American Conference Institute, December 2008.
- “Driving Best Practices, Innovation, Cost Reduction in E-Discovery & FRCP Compliance,” Third Annual E-Discovery Pharma Biotech, Medical Devices, September 2008.
- “Litigation Readiness,” American Conference Institute, In-House Counsel Guide to Document Management, E-Discovery, Litigation Readiness for Life Sciences, March-April 2008.
- “Taming the Electronic Tiger,” Sedgwick, Detert, Moran & Arnold LLP, CLE, February 2008.
- “Taming the Electronic Tiger,” Carestream, CLE, February 2008.
- “Litigation Preparedness,” American Conference Institute, Sub-Prime Conference with Zantaz, 2008.
- “Why Organizations Can and Should Prepare for E-Discovery Today,” DRI, Products Liability Conference, February 2008.
- “E-Discovery,” Legal Tech, February 2008.
- “Enterprise-Wide Compliance Programs & Processes,” American Conference Institute, Fourth Annual Advanced Forum on Regulatory Compliance, January-February 2008.
- “Employee Fraud and Electronic Discovery,” Harris Beach, Fraud/Records Retention Seminar, October 2007.
- “Developing a Strategy for Managing Information in the Digital World,” BOCES, September 2007.
- “Electronically-Stored Information and the Health Care Community,” RRHIMA, September 2007.
- “ESI,” Harris Beach Management Committee Conference, September 2007.
- “Electronic Discovery - Ten Months after the New Rules,” Harris Beach, IKON, Litigators Conference, September 2007.
- “Developing a Strategy for Managing Information in the Digital World,” United States District Court for the Western District of New York Conference, August 2007.
- “Developing a Strategy for Managing Information in the Digital World,” RIC/BOCES, June 2007.
- “Records Management and ESI - Creative Opportunities to Save Defense Funds,” Medmarc, May 2007.
- “It is Time to Deal with the Elephant in the Room,” CPG, Records Retention Seminar, April 2007. “Records Management and Litigation in Today’s School Districts,” RIC/BOCES, April 2007.
- “ESI/E-Discovery,” Huron Consulting, March 2007.
- “Maintaining Privacy and Data Security in an Electronic Environment,” American Conference Institute, Third Annual ESI Litigation Readiness for Life Sciences, February 2007.
- “Electronic Information and the New Federal Rules,” Bonadio Financial Group, January 2007.
- “Maintaining Privacy and Data Security in an Electronic Environment - Policies and Procedures for Other Data Repositories,” Affinia, ESI & Litigation Readiness for Life Sciences, January 2007.
- “The Dimensions of the Problem,” American Conference Institute, Third Annual Legal and Compliance Executives’ Forum on Insurance Regulation, January 2007.
- “Upgrading Document Management - Complying with Regulatory Preservation Requirements,” American Conference Institute, Third Annual Legal and Compliance Executives’ Forum on Insurance Regulation, January 2007.
- “Best Practices - Minimize the Risks Associated with Electronic Medical Information,” Rochester-Genesee Health Facilities Association Corporate Compliance Symposium, December 2006.
- “Benefits of Proactive Compliance and Electronic Discovery,” Rochester-Genesee Health Facilities Association, Corporate Compliance Symposium, December 2006.
- “Drafting Targeted E-Discovery Demands to Attain Relevant Information and How to Effectively Respond,” American Conference Institute, Document Management and E-Discovery Conference, December 2006.
- “Electronic Information and the New Federal Rules,” Harris Beach New York City office, CLE, November 2006.
- “How to Implement Litigation Holds,” Zantaz, Z Forum: Round Table on Implementing Litigation Holds, October 2006.
- “The Dynamics of Law Firm Disaster Planning and Preparedness,” DRI, National Teleconference, October 2006.
- “Your Duties as a Learned Intermediary - Legal Pitfalls and Plaintiff’s Traps,” Infusion Nurse Society, May 2006.
- “Legal Implications of Drug Reactions,” National Home Infusion Association, Fifteenth Annual Meeting, March 2006.
- “Policies and Procedures for Other Data Repositories,” American Conference Institute, Document Management and E-Discovery Conference, December 2006
- “Eliminating the Chasm Between IT Professionals and Attorneys,” American Conference Institute, Technology Conference, March 2006.
- “Building Teams - Controlling Costs and Developing Compliant Retention Strategies,” Pharma, E-Preparedness Seminar, March 2006.
- “New Age Handling of Mass Torts in Electronic Era,” Mealey’s, Defense Strategies Pharmaceutical Litigation, January 2006.
- 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 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.
- National counsel of a manufacturer of devices and pharmaceuticals used in dentistry.
- Counsel to a company involving the theft of intellectual property through its computer systems by a competitor.
- Counseling companies which maintain credit card information on the requirement of PCI data security standards.
- Discovery counsel to a compounding pharmacy facing criminal and civil liability associated with allegedly contaminated pharmaceuticals.
- Regional counsel to a sporting goods and toy manufacturer for product liability and Consumer Products Safety Commission claims.
PROFESSIONAL AND COMMUNITY ACTIVITIES
- Claims and Litigation Management Alliance, member
- Defense Research Institute, member
- Sedona Conference, member
- New York State Unified Court System's E-Discovery Working Group, co-leader of the Operations Group, by appointment of Chief Administrative Judge Ann Pfau
- New York Metro Super Lawyers, E-Discovery and Personal Injury - Products: Defense