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 Shannon Capone Kirk
E-Discovery Counsel




Ropes & Gray
One International Place
Boston, MA 02110-2624

T +1 617 951 7218
F +1 617 235 9827
+1 617 854 2282 secretary
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PRACTICES
Litigation
    Practice

    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 adjunct faculty and will teach E-Discovery starting with Suffolk's Spring 2011 semester. 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, 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

    • Illinois Super Lawyers - Rising Stars (2008)


    Publications

    • Co-author with Colleen Conry, Discovery Double-Bind, Compliance with US Discovery Obligations and Foreign Data Privacy Laws, Third International Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum, Rome, May 2009.
    • Contributing author to book, Electronic Discovery: New Ideas, Trends, Case Law, and Practices, Ralph Losey, West Thomson, 2010.
    • Contributing author to soon to be published book on E-Discovery Experts, expected 2010, ABA.
    • The Need for Art and Surgery in Discovery, www.ralphlosey.wordpress.com, August 23, 2009.
    • Cooperating with the Adversary: Defining Transparent Discovery in an Adversarial Process, Sue Magazine, Winter 2009.
    • Rule 34: A Cause for Confusion, Law Technology News, January 16, 2009.
    • When U.S. E-Discovery Meets EU Roadblocks, The National Law Journal, December 22, 2008.
    • Teach Your Children Well—A Case for Teaching E-Discovery in Law Schools, www.ralphlosey.wordpress.com, November 26, 2008.


    Presentations & Speeches

    • Top Ten Questions Posed to E-Discovery Counsel, Keynote Speaker at Boston College Club Executive Dinner, July 14, 2010
    • Ethics and E-Discovery, Presenter with Barbara Gueth, Boston Women in E-Discovery, April 6, 2010
    • E-Discovery Update: The Latest Cases, Trends and Tips for Civil and Criminal Trial Lawyers, Presenter at Lawyer's Weekly CLE Conference, Boston, MA, March 18, 2010
    • IP Master Class: New Standards for Document Preservation and Collection Procedures─Minimize Your Risks, Webinar, February 16, 2010.
    • Money Saving Solutions for E-Discovery: Concrete Steps You Should Take Now to Manage Risks & Control Ballooning Costs, The Harvard Club, September 24, 2009.
    • Conducting Cross-Border Discovery and Data Breach Investigations, IAPP 2009 Privacy Academy Boston (International Association of Privacy Professionals), September 17, 2009.
    • The Status of Metadata Case Law, Podcast http://www.esibytes.com/?p=506, September 16, 2009.
    • Production of Metadata—What Does Rule 34 Really Require and What Do The Courts Think is Required? The International Litigation Support Leaders Conference, State of Metadata case law, May 8, 2009.
    • Two of E-Discovery's Biggest Headaches, Boston Bar Association, January 28, 2009.
    • Nontraditional ESI and the Law, 2009 AIIM Conference Program, March 31, 2009.
    • Electronic Discovery, AACEI Meeting, February 2009.
    • E-Discovery, Massachusetts Bar Associations' Annual Convention, Main Speaker on E-Discovery developments, 2005.

    Selected Media
    For her work in E-Discovery, Shannon has been quoted in the following media:
    • Quoted, Facebook E-Discovery Ruling Only Tip Of The Iceberg, Law360, June 8, 2010.
    • Quoted, Regulations, Paperwork Spark Growth in E-Discovery, Mass High Tech, October 7, 2009.
    • Quoted, Social Networks Could Create E-Discovery Headaches, Law360, July 7, 2009.
    • For litigation she handled in Chicago, Shannon was interviewed and/or mentioned in the following media outlets: NBC Nightly News, CBS Evening News, Chicago Tribune, Chicago Sun-Times, and WLS 890AM’s The Roe Conn Show.


    Professional & Civic Activities

    • Routinely conducted CLE courses for attorneys on the subject of E-Discovery.


    Memberships & Affiliations

    • Member, Law360 editorial board (April 2009)


    Bar Admissions
    • Massachusetts, 2009
    • Illinois, 1998


    Education
    • 1998, J.D., cum laude, Suffolk University Law School
    • 1995, B.A. (Political Science), magna cum laude, St. John's University


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