Bob has investigated and litigated commercial transactions and business relationships for 30 years, including banking, contracts, joint ventures, securities transactions; employment and trade practices disputes. He also has litigated cases arising under federal and state civil rights laws, and both civil and criminal cases involving the federal Racketeer Influenced and Corrupt Organizations (RICO) statute. Bob also has more than 20 years’ experience in the identification, preservation, production and analysis of electronically-stored information (“ESI”) in a variety of investigative and litigation contexts.
Bob’s experience includes all phases of a lawsuit, from pre-suit investigation through pleadings and discovery to both jury and non-jury trials, and into the appellate process. His experience in the identification, production and analysis of ESI includes retrieval, review and production of data; analysis of data for evidence of theft, forgery, backdating or other tampering, and preparation of data for use as substantive evidence in formal proceedings. These efforts have included negotiation of appropriate stipulations or protective orders, conditions of access, and vendor agreements where necessary to secure ESI in usable forms.
Recently, he was counsel (with B. Repasky, C. Wilkinson-Tobbe) for Defendant in obtaining dismissal of RICO/lender liability claims for failure to state a claim in Miller v. First Federal Savings Bank, No. 3:13-cv-206 (W.D. Ky. 11/19/2013). He was also counsel (with C.Burnside) for plaintiffs in obtaining RICO judgments as a sanction against certain defendants for failure to identify, preserve and produce paper and electronically-stored information during discovery. Grange Mut. Cas. Co. v. Mack, No. 3:02-cv-110 (E.D. Ky. 2006), aff’d, 270 Fed. Appx. 472 (6th Cir. 2008).
Bob’s experience with data privacy and security issues dates to the early 2000’s, in the successful negotiation and handling of litigation materials subject to privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA). During the last seven years, his practice has expanded to include counseling clients in records retention and compliance, and handling internal investigations of potential data security breach incidents.
American Bar Association, Litigation Section (Antitrust Litigation Committee); Antitrust Section (Business Torts and Civil RICO Committee; Privacy & Security Committee; Consumer Protection Law Developments Project)
ARMA Int’l, Member, Louisville Chapter
Int’l Assoc. of Privacy Professionals (IAPP)
Kentucky Bar Association, Past officer, Law Office Management Section; Author and speaker for the KBA since 1993 on the subjects of electronic data preservation, analysis and presentation in law practices and legal proceedings
Louisville Bar Association
The Sedona Conference, Member of Working Groups 1 (Electronic Document Retention & Production), 6 (Int’l Electronic Information Mgt., Discovery & Disclosure), and 11 (Data Security & Privacy Liability)