Forthcoming Proposed Changes to the Federal Rules of Civil Procedure: A Strategic Update

Nicholas Kim is a Senior Corporate Counsel at Microsoft Corporation in Redmond, WA, and focuses on IP litigation worldwide. Mr. Kim joined Microsoft from the U.S. Department of Justice’s Civil Division, where he was a trial attorney in the Intellectual Property Section. Before that, Mr. Kim was a patent attorney in private practice in Washington, DC.

Chris is an experienced Legal, Risk, Data Security and Compliance consultant with 20 years in the space. Excellent at designing modern legal operational models and workflows in complex hybrid client environments together with downstream attorney review services. Skilled at employing a team-based approach that includes the best subject matter experts with superior presentation and communication skills as well as legal expertise combined with a proven deployment methodology.

Wendy Butler Curtis is Orrick’s Chief Innovation Officer. Named Financial Times’ Most Innovative Lawyer of the Year in 2018, Wendy leads Orrick’s efforts to innovate through our focus on people, process and technology. Wendy is ranked Band 1 by Chambers for eDiscovery. She has met with more than 40 corporate legal departments, over the past year, to exchange ideas about innovation. Orrick provides legal solutions for visionary companies in the Technology & Innovation, Energy & Infrastructure and Finance sectors. Based in 25 markets globally, we help our clients grow and disrupt, we protect them, and we help them win. We’re also transforming the delivery of legal services.

That’s why Financial Times has named Orrick the Most Innovative Law Firm in North America three years in a row. Through Orrick Labs, we’re developing new legal technologies. Through our corporate venture investment fund, we’re partnering with exciting legal tech company founders. Through Orrick Analytics, we’re applying AI and other tools to solve clients’ problems. And through creative staffing at our Global Operations Center, we’re streamlining legal processes. We do all of this by engaging the very top talent, earning us a place on Fortune’s 100 Best Companies to Work For list four years in a row.

Robert L. Levy is an attorney in the law department of Exxon Mobil Corporation. His duties include representing ExxonMobil on civil justice reform initiatives and advising on law technology, including electronic discovery issues and records management.

Previously, Mr. Levy was a partner at Haynes and Boone, LLP where he practiced in the Business Litigation Section, focusing on international arbitration and technology litigation as well as advising on records management and electronic discovery issues. He also served as a briefing attorney for the Honorable Judge Robert Parker of the Eastern District of Texas and practiced at Johnson & Gibbs and Weil, Gotshal & Manges.

Mr. Levy serves as president of the Civil Justice Reform Group and co-chair of the eDiscovery and Federal Rules Subcommittee. He is on the Executive Committee of Lawyers for Civil Justice (LCJ) and chairs its Federal Rules Committee where he was active in leading LCJ’s efforts in support of revisions to the Federal Rules of Civil Procedure, including participation in the Federal Civil Rules Advisory Committee’s 2010 Duke Civil Litigation Conference and September 9, 2011 Mini-Conference on Preservation and Sanctions. Mr. Levy also is a member of the Texas Supreme Court Advisory Committee and is active in the US Chamber of Commerce Institute for Legal Reform and the American Tort Reform Association. He was a member of The Sedona Conference Working Group 1 on Electronic Discovery.

Mr. Levy received his JD from the University of Texas School of Law where he graduated with honors.

Jeffrey McKenna is an eDiscovery and Privacy Attorney, and member of Orrick's eDiscovery Working Group. Mr. McKenna consults with Orrick attorneys and clients on eDiscovery strategy and data privacy issues, including issues related to pending or threatened litigation. He advises clients in all stages of discovery, participates in Rule 26 Meet and Confer conferences and assists in proactive eDiscovery and data privacy planning, such as preparing legal hold procedures, litigation response plans, privacy notices and document retention polices.

Mr. McKenna also works with outside counsel and information technology professionals to implement effective, efficient and repeatable strategies to get the best results during the discovery phase of active litigation, while minimizing risk and reducing cost. He has experience leading foreign language review teams and assisting with internal investigations into potential foreign corrupt practices (FCPA). He has been engaged in this capacity by Fortune 100 companies, major financial institutions and technology companies.

Before joining Orrick, Mr. McKenna was a senior associate at Skadden, Arps, Slate, Meagher & Flom, LLP. His practice there focused on complex commercial disputes, class action defense, and related eDiscovery and data privacy issues.

Mr. McKenna has experience in false advertising, unfair business practices, insurance coverage and bad faith, securities, contract disputes, intellectual property and class action litigation. His litigation experience includes all aspects of civil litigation in state and federal courts, including post-trial motions and appeals. Mr. McKenna also devotes a portion of his practice to pro bono matters.