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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
E-mail
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Practice
Shannon Capone Kirk is E-Discovery counsel at Ropes & Gray where she focuses exclusively on electronic discovery law. She has published numerous articles on the topic in publications such as: Law Technology News, Corporate Legal Times, National Law Journal, Sue (magazine), and EDDupdate.com. She also conducts CLE courses for attorneys on E-Discovery and has a contributed a chapter to the ABA's upcoming book on E-Discovery experts. Shannon was the main speaker on E-Discovery at the 2005 Massachusetts Bar Associations' annual convention.
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. Shannon has been interviewed and/or mentioned by several media outlets, including NBC Nightly News, CBS Evening News, Chicago Tribune, Chicago Sun-Times, WLS 890AM's The Roe Conn Show, and Riverside/Brookfield Landmark.
Representative cases:
- 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
- Lead Counsel in significant trademark dispute in the Trademark Trial and Appeal Board of the United States Patent and Trademark Office
- Argued against the issuance of an adverse inference instruction to a jury in a multi-million dollar breach of contract case with an international corporation
- Assisted clients with implementing preservation 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, thereby 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
- Guarded clients from “fishing expeditions” into client’s electronic storage and discovery, saving clients tens of thousands of dollars in litigation expenses
- Defended corporate clients in the areas of commercial litigation, contract disputes, mass tort litigation, complex product liability, MDL and trade secret cases
- 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
- Defended a rubber glove manufacturer against claims for latex allergies in numerous state and federal jurisdictions, including the Multi-District Litigation for NRL claims
- Investigated claims for breach of exclusivity and efficacy concerns for a radiopharmaceutical company
- Lead Counsel in a temporary injunctive relief case involving private nuisance law and easements; case attracted TV and newspaper press in Chicago
- Developed Daubert and Frye defenses in multiple states and cases
- Arbitration experience in a case involving EBITA calculations and breach of contract allegations
Honors & Awards
- Illinois Super Lawyers - Rising Stars (2008)
Presentations & Speeches
- Massachusetts Bar Associations' Annual Convention, Main Speaker on E-Discovery developments (2005)
Professional & Civic Activities
- Routinely conducted CLE courses for attorneys on the subject of E-Discovery
- 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, WLS 890AM's The Roe Conn Show, and Riverside/Brookfield Landmark
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
©2010 Ropes & Gray LLP. All rights reserved.
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