Eric Mandel

Practice Areas

Eric's practice focuses on providing both proactive and reactive expert consulting and testifying services in the areas of information law, including eDiscovery, Information Governance, Investigations, Data Privacy, Cross-Border Data Protection, and information risk-management and compliance.

Career

Eric graduated law school in 1995 and for the following decade worked in a variety of legal and business roles, including participating in multiple start-ups. In 2006, Eric joined his third start-up, an eDiscovery services provider. A few years later Eric returned to the practice of law joining a mid-sized litigation firm where he served as eDiscovery Counsel and managed the firm's very profitable litigation support services group. While there, Eric became an early supporter and adopter of now leading legal technologies, including Relativity, Nuix, and Brainspace. Eric subsequently ran his own information law practice before returning the service provider side, concentrating on consulting and advisory services. Over the past two decades, Eric has gained national recognition for his active work and leadership in several industry groups and organizations, particularly The Sedona Conference and EDRM.

Professional Memberships

** Licensed Attorney: California (1995) and Minnesota (2014)

** The Sedona Conference: WG1 (former steering committee member); WG6 (current steering committee member)

** EDRM: Project Trustee (IGRM); Global Advisory Committee.

** ACEDS: Certified eDiscovery Specialist (CEDS)

** IAPP: Certified Information Privacy Professional (CIPP/US)

Publications

** Limits on Limiting Inherent Authority: Rule 37(e) and the Power to Sanction, 17 SEDONA CONF. J., NO. 2, 613 (Nov 2016) (co-author with Hon. James C Francis, IV (Ret.)).

** The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, 19 SEDONA CONF. J. 1 (2018) (drafting team).

** Cover Letter to The Sedona Principles, Third Edition, THE SEDONA CONFERENCE (Oct. 2017) (drafter).

** The Sedona Conference, Commentary on the Enforceability in U.S. Courts of Orders and Judgments Entered under GDPR, 22 SEDONA CONF. J. 277 (2021) (drafting team).

** The Sedona Conference, Commentary on Managing International Legal Holds, 24 SEDONA CONF. J. 161 (2023) (drafting team)

** E-Discovery Deskbook (Ch.10 – New Laws and Evolving Standards), Minnesota Continuing Legal Education (Ed. 1, 2016) (updated 2017, 2021; (Ed. 2, 2023)) (co-author),

** Records Retention for Enterprise Information Governance, 86 C.P.P.S. (Corporate Practice Portfolio Series, No. 86), BLOOMBERG BNA (2018)

** eDiscovery for Corporate Counsel (Ch. 6 - Designing an Effective Records Management Program), Thomson Reuters (2024), co-author.

** EDRM Model Code of Conduct, EDRM (2011) (reporter)

** Information Governance Reference Model, EDRM (2022) (project trustee/leader)

Work Highlights

Eric has worked on hundreds of matters over the past two decades. Below is a small sampling of the highlights of his work:

** Testifying Expert: In a private arbitration between a telecom provider and a leaseholder, counsel for the telecom provider sought an expert opinion on how the leaseholder was able to access and use information from an exhibit that had been produced with redactions. The leaseholder claimed that the document was produced without redactions. Eric was able to demonstrate that the original production was made with redactions, that an error occurred in affixing redactions, and that the leaseholder purposefully used available software to remove the redactions and then attempted to cover-up their behavior.

** Designated Corporate Representative / 30(b)(6) Witness: Engaged by a voting machine company in a defamation action against a large news network to serve as the designated corporate representative on the topics of the company's technology systems, including communications, storage environments, access, and usage, including the core software at issue.

** eDiscovery neutral: Under the supervision of the Rule 53 Special Master, completed updated collection and production of documents as well as prepared an extensive report of findings in accordance with a court order and the agreed protocols of the parties.

** Advisory Services: Assisted global hospitality company in rebuilding its records retention program, including merging varied, aging retention schedules into a single, rationalized schedule, aligning updated retention schedule with corporate file plan and automated storage retention and disposition systems.

** Testifying expert: in large products liability matter, provided written declaration addressing timing requirements for the production of ESI by defendants that would otherwise be outside the time frame ordered by the Court.

** Advisory Services: Work with an international spa services provider to develop a reasoned, bespoke policy for controlling the onsite use of video recording equipment and devices by the company and its clients. The company was seeking a highly nuanced policy that would balance the competing interests of all stakeholders, including allowing the use of cameras and visual recording devices for promotional value and personal social media use while recognizing the data privacy interests of guests and employees as well as ensuring compliance with the company's data protection and privacy obligations.

** Consulting Expert: In large class action matter addressing price fixing of global markets, developed defensible technical systems and workflow that would allow merits counsel and experts to analyze over 1 billion lines of structured data to trading activities in a major market while addressing cybersecurity risks and ensuring compliance with privacy and international data protection obligations.

** eDiscovery Counsel: Representing large carrier on insurance claim in excess of $1B, negotiated discovery agreements including form of production, search protocols, and 502(d) order; engaged and managed outside document review provider; assisted testifying experts with discovery; investigated and lead prosecution of spoliation claim; second-chaired multiple 30(b)(6) depositions, and assisted case team to prepare for other merits depositions.

** eDiscovery Counsel: Served as eDiscovery Counsel on behalf of plaintiff purchaser class against numerous global technology companies accused of functioning as a cartel to fix prices in the U.S. for a particular form of consumer technology. Advised lead class counsel on discovery issues; negotiated complex discovery agreements between multiple plaintiff firms and multiple defendant firms; developed and managed multi-level document review protocol for class, with over 60 attorneys participating from large number of participating class counsel firms; assisted in drafting and argued motions to compel production; and managed outside vendors.

** Legal Operations: Built two profitable eDiscovery service provider entities, the first an external vendor (D4) and the second the legal technology group at a law firm. Experience included hiring and training staff, technology selection and implementation, building operational policies and procedures, establishing technical and administrative data security and evidence controls, establishing and maintaining cost-controls, performing income and expenditure analysis, establishing and maintaining working relationships with lawyers who do not understand legal technology and technologists who do not understand legal requirements, and managing relationships with external partners and supporting vendor services.

Experience

Eric has a diverse skill set built from professional experiences in many industries and roles, as well as personal interests, particularly in computer technology.

In the information law space, Eric's experience includes:

Currently Director of Global Advisory Services at KLDiscovery, providing strategic advice and guidance to domestic and international clients, and to serve as a consulting and testifying expert related to eDiscovery, information governance, litigation readiness, data privacy and protection, and regulatory information compliance.

At Driven / Innovative Driven, serving as consulting and testifying expert, providing both written and oral testimony, in a variety of civil and criminal matters in Federal and State courts. Additionally, Eric served as a discovery neutral and as a testifying designated corporate representative / 30(b)(6) witness. Eric also worked with numerous clients in providing proactive information governance and data privacy / data protection advisory services, including program development, policy creation, records retention and disposition program implementation and execution.

At Ricoh, Eric initially served as the Director, Solutions Architects in the eDiscovery group before moving into a corporate role as a domain strategist to building an proposed information governance and cyber security line of business.

At Indicium Law, Eric had his own private information law practice where he provided external eDiscovery Counsel services to other law firms.

At Zelle Hofmann, Eric provided advice and counsel to clients and internally to case teams on eDiscovery issues. Eric also served as discovery counsel to co-counsel and joint counsel on multiple large-scale class action matters. Eric's work included negotiating ESI and related agreements, managing data identification, preservation, collection, processing, analysis, review and production of documents, drafting of discovery filings, arguing motions, and more.

At D4 / Ivize, Eric initially served as the general manager of D4 in its start-up phase, including the hiring and oversight of stoff, building all operational policies and procedures, leading project management and advisory oversight for numerous domestic and international document and data collection matters. Following the acquisition by Ivize, Eric moved into a consulting role, working with clients around the U.S. and internationally on proactive information governance and reactive eDiscovery response.

Prior to entering the information law space, Eric held a variety of professional roles, including:

** Legal: Contract Attorney, Associate, Of Counsel

** Wholesale Distribution: Asset Manager

** Financial Services: Financial Planner (Series 7, 66)

** Television and Film Production: Mailroom, Production Assistant, Writers' Assistant, Producers' Assistant, Production Associate, Production Attorney, Director Business Affairs, Associate Producer, Creative Executive, President.

** Theater: Stage Manager and lighting designer

** Politics: U.S. Congressional Intern and U.S. House of Representatives Page

Languages Spoken

English

Education