Thomas Barnett is Special Counsel, Chief, Data Science, Analysis & Investigation at Paul Hastings and is based in the firm’s Los Angeles office. Mr. Barnett is a widely recognized eDiscovery expert and experienced litigator. He assists global corporations, law firms, and governmental entities with process and technology development and improvement in eDiscovery, document review, and information governance programs. Mr. Barnett frequently serves as a consulting and testifying expert on all aspects of eDiscovery, information and data management, and regulatory compliance issues in large, complex litigation and enforcement matters. He is considered one of the world’s leading experts in the areas of advanced data analytics, predictive coding, and technology-assisted review.
As an industry innovator and entrepreneur, Mr. Barnett has helped found and lead transformative companies in the eDiscovery industry 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 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 served as Special Counsel in the litigation department of another global law firm where he founded, created, and led the firm’s Electronic Discovery & Compliance Department. In that capacity, he built the team, developed and documented best practices, and oversaw the firm’s first-of-its-kind practice. He also served as a consulting expert on client matters involving electronic data in civil discovery, regulatory and criminal enforcement, and internal investigations.
Mr. Barnett led a 75-person global consulting team for a major storage and information management company that designed and implemented records and information management programs and policies for public and private companies and governmental entities. The group also managed complex international eDiscovery matters involving civil litigation, regulatory, and criminal enforcement actions.
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 of 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’s work in 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. Mr. Barnett is also a 2006 recipient of the Burton Award for Legal Achievement.
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.
Representative private civil actions, 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.
SPEAKING ENGAGEMENTS / AUTHORED ARTICLES / WHITE PAPERS
Keynote Address, Lighthouse Illuminations Summit, Fort Lauderdale, FL, May 2018
Artificial Intelligence in the Legal Sector: Hope or Hype?, speaker, EDR Property Risk, Insights, Strategy & Markets Conference, Scottsdale, AZ, May 2018
Algorithms, Machine Learning and Artificial Intelligence - the Myth and the Hype!, co-panelist, 7th Annual eDiscovery and Digital Evidence Conference, Arizona State University-Arkfeld, Phoenix, AZ, March 2018
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
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
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
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
Searching for Meaning, Not Words in eDiscovery, Bloomberg BNA Big Law Business, March 2015
Proportionality and Technology Assisted Review—The Evolving Post-Amendment Landscape
December 13, 2018
Proportionality in Discovery One Year Later: The Focal Points of Planning, Protocol, and Process
February 15, 2017