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
Mr. Winchester is a member of the firm and leader of its national e-discovery practice (e-info℠). This team assists organizations with all aspects of computers and their intersection with the law. In the area of e-discovery, his services include the location and production of documents during litigation or government investigations. Mr. Winchester also practices in the areas of cybersecurity, information governance and compliance for organizations that host private or protected information on their computer systems. He also practices within the Medical and Life Sciences Industry Team and in the Mass Torts and Industry‑Wide Litigation Practice Group where he defends device and pharmaceutical companies in both personal injury and consumer fraud based claims.
Mr. Winchester 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. Mr. Winchester also assists organizations with information management relating to the development of document management strategies and retention policies and the development of disaster recovery plans.
Mr. Winchester leads the firm’s Cybersecurity Team. He has experience assisting 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.
Mr. Winchester has worked with organizations to develop information governance policies. This has included 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.
Pharmaceutical and Medical Device Defense
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.
- 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
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 co-leader of the Operations Group of the New York State Unified 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. Mr. Winchester is listed in New York Metro Super Lawyers in the areas of E-Discovery and Personal Injury - Products: Defense.
- New York Metro Super Lawyers, E-Discovery and Personal Injury - Products: Defense