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Shannon Capone Kirk
Counsel
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Shannon Capone Kirk is E-Discovery Counsel at Ropes & Gray where she focuses exclusively on electronic discovery law. Shannon is a contributing author on two books on E-Discovery and has published numerous articles on the topic in publications such as: Law Technology News, Corporate Legal Times, National Law Journal, Sue Magazine. Shannon also conducts CLE courses for attorneys and routinely speaks on E-Discovery. Shannon is a member of Suffolk Law School's faculty, teaching E-Discovery law. Shannon is a Sedona Conference Working Group Member of Electronic Document Retention and Production (WG1).
Professional Experience
Recognized as a "Rising Star" by Illinois Super Lawyers (2008) and Massachusetts Super Lawyers (2011), Shannon's practice is built upon her complex commercial litigation experience. In addition to working extensively on electronic discovery, she has litigated cases in state and federal courts across the country.
E-Discovery Representative Work
- Persuaded a federal court to order the production of forensic images of all defendants' desktop computers, laptops, external storage devices, and Blackberrys® in a case involving claims of breach of fiduciary duty, trade secret misappropriation, and violation of the Computer Fraud & Abuse Act.
- Successfully argued against the issuance of an adverse inference instruction to a jury for spoliation of evidence in a multi-million dollar breach of contract case.
- Assisted clients with implementing E-Discovery and document retention policies for use in anticipation of and during litigation
- Persuaded an Illinois state court to shift the cost of discovery for review and production of documents from 150,000 back-up tapes, for all practical purposes, ending the litigation.
- Persuaded a federal district court to limit the inquiry of client’s employees concerning electronic discovery, significantly reducing the cost of discovery, risk of an adverse inference, or other sanction.
- Led electronic discovery aspects of multi-million dollar case, including defense of information technology 30(b)(6) depositions, electronic discovery hearings and electronic discovery conferences with opposing counsel.
- Guarded clients from “fishing expeditions” into client’s electronic storage and discovery, saving clients tens of thousands of dollars in litigation expenses.
Representative Litigation Background
- Defended corporate clients in the areas of commercial litigation, contract disputes, mass tort litigation, complex product liability, trademark, MDL and trade secret cases.
- Defended a rubber glove manufacturer against claims for latex allergies in numerous state and federal jurisdictions, including the Multi-District Litigation for NRL claims.
- Lead Counsel in temporary injunctive relief case involving private nuisance law and easements; case attracted TV and newspaper press in Chicago.
Honors & Awards
- Massachusetts Super Lawyers - Rising Stars (2011)
- Illinois Super Lawyers - Rising Stars (2008)
Professional & Civic Activities
- Routinely conducted CLE courses for attorneys on the subject of E-Discovery.
©1996-2012 Ropes & Gray LLP. All rights reserved.
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Education
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JD, cum laude, Suffolk University Law School, 1998
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BA (Political Science), magna cum laude, St. John's University, 1995
Bar Admissions
- Massachusetts, 2009
- Illinois, 1998
Memberships & Affiliations
- Member, Law360 editorial board (April 2009)
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