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Thomas I. Barnett

Special Counsel, Chief, Data Science, Analysis & Investigation
T 1(213) 683-6123
F 1(213) 996-3123
Thomas Barnett serves as Special Counsel, Chief, Data Science, Analysis & Investigation, at Paul Hastings LLP. In this capacity, he leads a global team of eDiscovery subject matter experts and data scientists who provide guidance to the firm and its clients in complex litigation, investigatory and enforcement matters, as well as process and technology development and improvement in eDiscovery, document review and information governance programs. Mr. Barnett is a widely-recognized eDiscovery expert and experienced litigator. He frequently serves as a consulting and testifying expert on all aspects of eDiscovery, information and data management and regulatory compliance issues in some of the largest litigation, regulatory and enforcement actions in the nation. He is considered one of the world’s leading experts in the areas of advanced data analytics, predictive coding and technology-assisted review. In addition, Mr. Barnett chairs the firm’s eDiscovery Legal Practice Group and is a member of the firm’s Data Security and Privacy and Workplace Technology practice groups.

As an industry innovator and entrepreneur, Mr. Barnett has built industry-leading teams and practice groups and created and implemented new service and product offerings related to optimizing legal review, eDiscovery, regulatory response and litigation preparedness; he led a multi-country R&D effort that designed and brought to market one of the industry’s first supervised machine learning (predictive coding) legal review solutions. Mr. Barnett was the founding member and senior executive in charge of the eDiscovery division of the largest business process outsourcing company in Asia, as well as the company’s general counsel. This company was an innovator in the area of complex analytical and conceptual data processing as well as predictive and iterative document review technology. Mr. Barnett’s academic white papers on data analytics and machine learning are cited numerous times throughout the landmark 2012 Rand study, “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery.”

Mr. Barnett has advised clients and served as an eDiscovery expert in some of the nation’s largest civil, regulatory and criminal matters in the financial services, banking, energy, pharmaceutical, telecommunications, automobile manufacturing and tobacco industries.

Mr. Barnett’s work creating and leading the Paul Hastings Data Science team led to the firm winning the Financial Times’ 2015 Innovative Lawyers of the Year Award for New Business Models. The work of the Paul Hastings Data Science team received the award for leading Technology Incubator (not limited to law firms) in 2015 from The Recorder. He is also a 2006 recipient of the Burton Award for Legal Achievement.

Mr. Barnett was an original co-author and a member of the editorial board of the influential treatise, “The Sedona Conference Principles on Electronic Document Production.” He was an original member and continues to serve on the Board of Editors of the Electronic Discovery Reference Model (EDRM) project; he previously served on the Advisory Board of the Georgetown University Law Center Advanced eDiscovery Institute and was a co-chair of the E-Discovery Certification Committee, the BNA E-Discovery Expert Witness Directory Committee, and the International Institute for Conflict Prevention & Resolution.

Mr. Barnett has authored a large number of articles, white papers and treatises on all phases of eDiscovery and data management and is considered one of the leading experts in these fields. He is a frequent speaker on electronic data management topics and has provided training sessions to judges, in-house and outside counsel and other legal professionals.


REPRESENTATIVE MATTERS
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Representative private civil actions and civil regulatory and criminal enforcement matters include: Enron-related litigation and regulatory actions; securities and financial services industry litigation and regulatory actions; environmental litigation; pharmaceutical litigation; California energy litigation; tobacco industry litigation and regulatory actions; telecommunications industry bankruptcy proceedings; large construction litigation; medical device manufacturer litigation; multi-national oil company litigation; and antitrust litigation and HSR second requests.


SELECTED TREATISES / BOOKS

Sedona Conference: Best Practices for Electronic Data Management, co-author, 2004
Electronic Disclosure in International Arbitration, co-author, Juris Publishing, 2008
Sedona Conference: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, co-author, 2003
Internet Law and Practice, co-author, West Group, 2002
Moore’s Federal Practice, The Record On Appeal, 3rd edition, contributing author, Matthew Bender and Co., 1997
How to Practice Law with Computers, 2nd edition, editor, PLI, 1998
Best Practices for Electronic Discovery, Sullivan & Cromwell LLP, 2006
Public Disclosure Act Deskbook, Electronic Documents section, author, Washington State Bar Association, 2005
Electronic Evidence Discovery Project Management Handbook, executive editor, EED, 2002
Contracts, contributing author, West Group, 1996
Law of Associations and Clubs, author, West Group, 1996
Contracts for Work, Labor, and Services, author, West Group, 1996


SELECTED ARTICLES / WHITE PAPERS / TRAINING PROGRAMS

Articles – Featured

Clinton Probe: Relevant Emails Could be Identified by Election Day, Experts Say, But Their Analysis Will Take Longer, The Wall Street Journal, October 31, 2016
Technology Allowed the FBI to Review 650,000 Emails in Eight Days, New York Daily News, November 7, 2016
The Present and Future of Analytics at Today’s Law Firms, Legaltech News, June 14, 2017
The Future is Now for Applying Analytics to the Law Firm, Legaltech News, June 9, 2017
Three Law Firm Leaders Spill Their Legal Tech Value Secrets, Legaltech News, May 2, 2017
The Internet of Things Means a Big Dilemma for Big Law Discovery, National Law Journal, February 7, 2017
Machine Learning of Tomorrow: 4 Emerging Legal Tech Arenas for AI, Legaltech News, January 6, 2017
Paul Hastings Latest Big Firm to Dabble in Data Analytics, Law.com, October 20, 2016
Firms Throw Off Caution and Enter the Digital Arena, Financial Times, North America Innovative Lawyers, December 8, 2015
2015 Innovator Awards: Paul Hastings, The Recorder, December 4, 2015
Pressure Drop at Paul Hastings: E-Discovery Expert Has Reggae Past, American Lawyer, May 15, 2015
EDD Expert Q&A, Corporate Counsel, January 2005
Corporate Counsel Q&A, National Law Journal, 2002

Articles – Bylines

Lawyers Face Displacement — Breaking Up is Hard to Do, Bloomberg BNA Big Law Business, March 2016
Change is the Keyword, Legaltech News, January 2016
Will Computer Learning Replace Lawyer Earning? Bloomberg BNA Big Law Business, December 2015
‘Change’ is the Keyword: The Efficacy of Keyword Use by Untrained Lawyers, Legaltech News, December 2015
Away With Words: The Myths and Misnomers of Conventional Search Strategies, American Bar Association, Section of Litigation Pretrial Practice & Discovery, December 2015
Searching for Meaning, Not Words in eDiscovery, Bloomberg BNA Big Law Business, March 2015
When Obligations Collide: Compliance and e-Discovery—a recipe for risk, Corporate Compliance Insights, June 2013
In Search of Valid Data Searches, CIO Insight, January 2013
Predictive Coding, a Modern Necessity, The Recorder, August 2012
The High Price of Privacy: A Looming Mess for Litigators, Forbes, July 2012
Online Privacy Laws Can Cause Discovery Woes, Corporate Counsel, June 2012
Privacy Laws Cause Discovery Woes, The Recorder, June 2012
What Happens on Facebook Stays on Facebook, Law360, June 2012
Melding Humans and Machines in E-Discovery, The Metropolitan Corporate Counsel, May 2012
The Importance of Project Management in e-Discovery, Law Journal Newsletters, May 2006 (with Sara Wood)
Winning the Electronic Data Discovery Game, DRI For The Defense, August 2005 (with Sara Wood)
Adapting Paper-Based Rules to Electronic Discovery, New York Law Journal, July 2005
Electronic Data Retention, The Corporate Counselor, June 2004
Electronic Evidence Preservation, Online Security, June 2004
A New Backup Plan, Legal Times, April 2004
Why Retention Policies? Law & Technology News, EDD Showcase, August 2003
Preservation Request Response Checklist, Law & Technology News, 2002 (with Kenneth Shear)

White Papers

Away With Words: The Myths and Misnomers of Conventional Search Strategies and the Search for Meaning in eDiscovery, position paper, International Conference on Artificial Intelligence and Law, DESI Workshop, June 2015
Predictive Coding: Turning Knowledge Into Power: A strategic approach to negotiating the scope of discovery, International Conference on Artificial Intelligence and Law, DESI Workshop, June 2013 (with Michael Sperling, PhD)
Similar Document Detection and Electronic Discovery: So Many Documents, So Little Time, presenting research paper, International Conference on Artificial Intelligence and Law, DESI Workshop, June 2013 (with Michael Sperling, PhD, et al.)
Six Principles for Conducting Valid Data Searches in the Age of Big Data, April 2013
Faster, Better, Cheaper Legal Document Review, Pipe Dream or Reality? Using statistical sampling, quality control and predictive coding to improve accuracy and efficiency, peer-reviewed paper for presentation, International Conference on Artificial Intelligence and Law, DESI Workshop, June 2011 (with Svetlana Godjevac, PhD)
Machine Learning Classification for Document Review, peer-reviewed paper for presentation, International Conference on Artificial Intelligence and Law, DESI Workshop, June 2009
Electronic Discovery Best Practices for Law Firms, 2007
Managing Risk in E-Discovery, 2006 (with Larry Malcolm)
Cost Saving Strategies for Electronic Discovery, 2004
What Makes Electronic Data Different?, 2003
The Risks and Issues Associated with End-User Preservation and Collection of Electronic Data, 2002 (with Kenneth Shear)

Training Programs

Document Retention and Management, Corporate Compliance Training Program, 2000
Compliance Under SEC Regulation FD ‘Fair Disclosure,’ Corporate Compliance Training Program, 2000


SELECTED PRESENTATIONS

The Future of Analytical Strategies, co-panelist, Legaltech West, San Francisco, CA, June 2017
The Best Defense is a Great Offense: Hacking the Hackers to Prevent Cyber Crime, co-speaker, webinar, Paul Hastings LLP, March 2017
Away With Words: The Myths and Misnomers of Conventional Search Strategies

  • Keynote address, Data Science Symposium, Tokyo, Japan, June 2016
  • Legaltech, New York, NY, February 2016
  • Keynote address, Ing3nious, East Coast EDiscovery & IG Retreat, Cape Cod, MA, November 2015
  • Keynote address, Ing3nious, SoCal EDiscovery & IG Retreat, San Diego, CA, August 2015

Measure Twice, Discover Once, co-panelist, Ing3nious, Northeast EDiscovery & IG Retreat, Brewster, MA, September 2016
Top Trends in Discovery for 2016, co-panelist, Ing3nious, NorCal EDiscovery & IG Retreat, Half Moon Bay, CA, July 2016
Beyond Predictive Coding: Incorporating New Technologies into Your E-Discovery Program, Legaltech West, Los Angeles, CA, June 2014
Managing Big Data, Dark Data, and Risk, co-panelist, The 17th Annual eDiscovery & Information Governance in Practice Forum, New York, NY, December 2013
A New Approach to e-Discovery and Information Governance, Japan External Trade Organization, New York, NY, November 2013
ePocalypse Now: Social Media, the 24/7 Work Week and the Cloud. Are We Doomed to eDiscovery Disaster? iConect Thought Leadership Webinar Series, July 2013
Predictive Coding: Turning Knowledge into Power: A strategic approach to negotiating the scope of discovery, International Conference on Artificial Intelligence and Law, DESI Workshop, Rome, Italy, June 2013 (with Michael Sperling, PhD)
Similar Document Detection and Electronic Discovery: So Many Documents, So Little Time, presenting research paper, International Conference on Artificial Intelligence and Law, DESI Workshop, Rome, Italy, June 2013 (with Michael Sperling, PhD, et al.)
New Normal: Big Data and the Future of Litigation, webinar, New York Law Journal, April 2013
Predictive Coding and Beyond: The future of big data analytics, TAR and the speed of review, CLE, numerous AmLaw 100 firms, Stroz Friedberg LegalTech Thought Leadership Series, 2013
E-Discovery and the Cloud, Current and Future State, Cloud Security Alliance, Los Angeles, CA, November 2012
***The Flat World and the Future of Document Review, Association of Corporate Counsel Annual Meeting, Orlando, FL, October 2012
What Every Forensic Accountant Needs to Know About E-Discovery, New York State Society of Certified Public Accounts Anti-Fraud Conference, New York, NY, June 2012
Innovative Alternatives and Strategies to Increase Productivity While Reducing In-house Legal Costs. Best Practices For Litigation and Compliance Readiness, Association of Corporate Counsel Conference, Los Angeles, CA, 2012
“Come here Watson, I need you”: Man + Machine, the Flat World and the Future of Document Review, Stroz Friedberg LegalTech Thought Leadership Series, New York, NY, 2012
Far Beyond Keywords, Clustering and Concepts: Next Generation Data Searching Technology & Practice, Stroz Friedberg LegalTech Thought Leadership Series, New York, NY, 2012
The Big Data Revolution and E-Discovery: Beyond Relational Databases—Bringing Structure to an Unstructured World, Stroz Friedberg LegalTech Thought Leadership Series, New York, NY, 2012
Creating a Media Neutral Records and Information Program, ARMA International, October 2010
Whatever Happened to Rule 1?, panel moderator, Legaltech, New York, NY, February 2010
A Focus on Litigation and E-Discovery Costs: Proven Methods for Spending Less and Controlling Fees and Expenses, American Conference Institute, Reducing Legal Costs Conference, Philadelphia, PA, 2010
Early Case Assessment, What It Is and What It Isn’t, Iron Mountain Digital Webinar, 2010
The Future of Electronic Discovery and Data Management, The Computer Forensics Show, Washington, D.C., 2009
Ethical Issues in E-discovery, Xerox Corporation, Office of General Counsel, 2009
The Future of E-discovery, The Forensics Conference, 2009
Concept Searching, Bureau of National Affairs Audio Conference, 2008
What Keeps General Counsels Up At Night, LegalTech, New York, NY, 2008
Taming the Litigation Chaos: The Role of Records Management in e-Discovery, AIIM / ON DEMAND Annual Conference, Boston, MA, 2008
E-discovery in International Arbitration, Harvard Club Roundtable, New York, NY, 2008
Electronic Discovery for Law Firms, GT Law Litigation Summit Best Practices, Los Angeles, CA, 2008
E-Discovery Ethics & Best Practices for Counsel, International Legal Technology Association Annual Conference, Making the Business Case for Law Firm Technology Departments, Dallas, TX, 2008
Meeting the Challenge of Foreign Language E-Discovery, IQPC, Jersey City, NJ, October 2007
LegalWorks Electronic Discovery & Records Retention Conference, New York, NY, Chicago, IL, San Francisco, CA, Washington, D.C., 2007
E-Discovery: Practice Under the New E-Discovery Amendments, Bureau of National Affairs Conference, Washington, D.C., 2006, 2007; Orlando, FL, 2007
What You Need to Know about ESI for FRCP Compliance, Chicago, IL, 2007
Practice Under the New E-Discovery Amendments, LegalWorks, Washington, D.C., Chicago, IL, Orlando, FL, 2007
E-Discovery: A Business Process Approach, PricewaterhouseCoopers Leadership Forum, Phoenix, AZ, 2007
IT Implementations of Emerging Technologies and Their Legal Impact to Corporations, LegalTech, New York, NY, 2007
Developing a Corporate Action Plan for E-Discovery, LegalTech, New York, NY, 2007
International Institute for Conflict Prevention and Resolution E-Discovery Conference, Newport Beach, CA, 2007
A Business Process Approach to E-Discovery and Regulatory Compliance, Masters Conference, Washington, D.C., 2006
Staffing for E-Discovery, IPQC 2nd Annual E-Discovery Conference, New York, NY, 2006
Essential Discovery Boot Camp, Compliance, Governance and Oversight Council, New York, NY, 2006
Defending ‘Bet-The-Company’ Cases: Successful Strategies Including Masterful E-Discovery & Cost Control, Directors Roundtable, New York, NY, 2006
Survey of Amendments to the Federal Rules of Civil Procedure, Goldman Sachs, New York, NY, 2006
E-Discovery A to Z Workshop, LegalWorks, New York, NY, 2006
Managing Risk: Electronic Discovery Project Management, webinar, 2006
Staffing for Success: Roles & Responsibilities of Discovery Managers, webinar, Compliance, Governance and Oversight Council, 2006
Handling E-Discovery In-house—Applications, Pitfalls and ROI, International Legal Technology Association Annual Conference, Phoenix, AZ, 2005
EDD Best Practices—The State of the Art and Science, webinar, 2005
Document Analytics, One Size Doesn’t Fit All, Legaltech West, Los Angeles, CA, 2005
Sarbanes Oxley

  • 404 Compliance and Electronic Data Management, Managing Electronic Records Conference, Chicago, IL, 2004
    Controlling Costs of Electronic Discovery, Legaltech West, Los Angeles, CA, 2004
    AIIM Annual Conference, New York, NY, 2003, 2004
    Toshiba General Counsel Annual Meeting, Boston, MA, 2003
    Drinker Biddle & Reath LLP Client Conference on Electronic Discovery, Morristown, NJ, 2003
    Edison Electric Institute Spring Legal Conference, Portland, OR, 2003
    Judicial Training Program on Electronic Discovery, Seattle, WA, 2003
    American College of Construction Lawyers Annual Meeting, Carlsbad, CA, 2003
    Law Firm CIO Summit, San Francisco, CA, 2003
    Pillsbury Winthrop, Los Angeles, CA, 2002
    Multnomah Bar Association, Portland, OR, 2002
    Open Text Conference, keynote speaker, Houston, TX, Tulsa, OK, 2002
    Warner, Norcross & Judd LLP, Grand Rapids, MI, 2002
    Clifford, Chance, Rogers & Wells LLP, New York, NY, 2002
    Pfizer Corporation, New York, NY, 2002
    BROADCAST APPEARANCES
    Recovery of Deleted Data, Fox News, 2003
    Electronic Data and Privacy in the Workplace, NBC-KRON, 2001
    Virtual Courtrooms, NBC-KRON, 2000
    High-Tech Revolution, NBC-KRON, 1999
    MEDIA INTERVIEWS
    American Lawyer
    AmLaw Technology
    Bloomberg BNA Business of Law
    Business 2.0
    CIO Insight
    CIO Update
    ComputerWorld
    Corporate Compliance Insights
    Corporate Counsel
    DRI For the Defense
    Fast Company
    Financial Times
    Forbes
    Law.com
    Law Journal Newsletters
    Law & Technology News
    Law Firm Inc.
    Law360
    Legal Times
    Legaltech News
    National Law Journal
    New York Daily News
    New York Law Journal
    New York Times
    Online Security
    Search Compliance
    The Corporate Counselor
    The Metropolitan Corporate Counsel
    The Recorder
    The Wall Street Journal
    USA Today
    ZD Net

Experience

Examples of recent matters:

  • CHEVRON CORPORATION v. DONZIGER
     Served as expert for Chevron on the issues of eDiscovery burden and the effectiveness and economic efficiency of utilizing various forms of data analytics and technology-assisted review, including predictive coding. In accordance with Chevron’s memoranda of law supported by Mr. Barnett’s expert testimony via two expert affidavits, the court ruled that the (opponent) law firm had “overstated the burden of compliance, in terms both of the cost and the required time and has avoided engaging with options that give strong promise of reducing that cost and burden.”
  • COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and THE ADMINISTRATOR OF THE NEW JERSEY SPILL COMPENSATION FUND v. OCCIDENTAL CHEMICAL CORPORATION, TIERRA SOLUTIONS, INC., ET AL.
     Selected and served as the sole eDiscovery expert for all parties by committee representing 300 corporate and governmental entities with responsibility for coordinating and gaining consensus on establishing protocols for handling all electronically stored information for the matter. Protocol was made part of court order. 
  • KAUFMAN, ET AL. v. SUNGARD INVESTMENT SYSTEMS, INC.
    Served as testifying expert in Federal action on adequacy of production of electronically stored information. Testimony led to turnover of producing party’s entire database to requesting party.
  • EPOXY TECHNOLOGY, INC. v. DAIZO CORPORATION
    Served as consulting expert on eDiscovery issues in Federal action in Massachusetts.
  • IN RE FLAT GLASS ANTITRUST LITIGATION
    Served as consulting expert advising corporate defendant in Federal action on all aspects of handling electronically stored information, including identification, preservation and collection of data in compliance with relevant legal obligations.

Professional and Community Involvement

  • Sedona Conference Working Group – Co-author, former Member, Steering Committee, Board of Editors
  • International Institute for Conflict Prevention and Resolution – Advisory Board Member
  • Georgetown University Law Center Advanced E-Discovery Institute – Faculty Member
  • E-Discovery Expert Witness Directory Committee – Advisory Board Member
  • Electronic Discovery Reference Model Project – Member, Original Board of Editors, Advisory Board
  • State University of New York, MBA Program – Guest Lecturer

Education

  • Cornell Law School, J.D., Cornell Law Review Board of Editors, 1993
  • University of Wisconsin, B.A., Honors program, Philosophy, 1984
  • National Institute of Trial Advocacy, Trial Advocacy Certification, 1999