Shannon Capone Kirk
Shannon Capone Kirk is E-Discovery Counsel at Ropes & Gray where she focuses exclusively on electronic discovery law. Shannon is a contributing author on three books on E-Discovery, the most recent being the EDI Judges’ Guide to E-Discovery (2015). Shannon has published numerous articles on the topic in publications such as: Law Technology News, Corporate Legal Times, National Law Journal, Sue Magazine. She frequently conducts CLE courses and Webinars and routinely speaks on E-Discovery. Shannon has been a professor of E-Discovery at Suffolk Law School in Boston since 2010. Shannon is a Sedona Conference Working Group Member of Electronic Document Retention and Production (WG1).
Honored as a Chambers-Ranked E-Discovery attorney, Shannon is also recognized as a "Rising Star" by Illinois Super Lawyers and Massachusetts 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.
According to Chambers USA 2015, “Shannon Capone Kirk is admired for her ability ‘to bring structure to the chaos and do it in a thoughtful and meaningful way, with a detailed understanding of the law and technology.’”
E-Discovery Representative Work
- Led E-Discovery strategy around preservation, collection, and Technology Assisted Review in several high-profile data breaches that have made international news in recent years. Led E-Discovery strategy around preservation, collection, and Technology Assisted Review in global-reaching international investigation requiring coordination among several business units in several countries and several law firms. Enormity and complexity required coordinated cross-border strategy around China’s State Secrets laws and Non-U.S. Data Privacy Laws.
- Served as National E-Discovery Counsel for clients on matters and policies including, advising on data, privacy, and use policies, and overall Litigation Readiness Management and vendor selection processes, not necessarily confined to a single case.
- 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.
- Guarded numerous clients from “fishing expeditions” into client’s electronic storage and discovery, saving clients significant 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.
- Co-author, “From Use Policies to Pro Bono, the 4 E-Discovery Changes to Look for in 2017,” Legaltech News (January 24, 2017)
- Quoted, “Nothing Unusual in FBI's Eight-Day Clinton Email Review: E-discovery Experts,” Legaltech News (November 8, 2016)
- Author of two chapters in the Federal Judges Guide to E-Discovery (2015)
- Quoted, “E-Discovery Expands in Asia as Regional M&A Activity Heats Up,” Legaltech News (August 4, 2015) (Subscription only)
- Author, “Pro Bono Experience: Boston Marathon Bombing Victim,” Boston Bar Journal (April 3, 2014)
- Contributing author to chapter, “The Cloud, Server Consolidation, Ephemeral Data, and Information Security: (Manageable) eDiscovery Challenges Facing CIOs and InfoSec,”PenTest Magazine, E-Discovery - Legal Issues Guidebook (2012)
- Welcome To Our Rockin’ Priv Party On Categorical Privilege Logs, (November 22, 2010)
- 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 book on E-Discovery Experts, ABA (2012)
- “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)
- Speaker, “Legal, Compliance and Technology Webcast Series: How to get the best out of advanced review analytics: A tactical Guide,” Webcast (November 19, 2015)
- Speaker, “Bloomberg BNA eDiscovery—Practical Applications of Technology Assisted Review,” Webinar (November 10, 2015)
- Speaker, “Succeed or Screw Up? How to Evaluate (and Validate) Results in Your Next Predictive Coding Project,” (LegalTech, February 4, 2015)
- Speaker, “EDiscovery in 2014: A Brave New World,” Kroll’s Certification Course (October 2, 2014)
- Speaker, “Dipping a Toe in the Waters of Predictive Coding and Advanced Analytics-How to Use a Little Cutting-Edge Technology to Make Document Review a Lot Better,” LegalTech (February 4, 2014)
- Panelist, “Preventing E-Discovery Fishing Expeditions,” IQPC e-Discovery for Financial Services and Government Investigations, New York, NY (November 27, 2012)
- Chair, “Hot Topics in E-Discovery Conference,” Suffolk University Law School (October 5, 2012)
- Presenter, “Ramifications of commingling personal and professional data,” (with an emphasis on BYOD (Bring Your Own Device) policies), ILTA 2012, Washington, DC (August 30, 2012)
- Panelist, “Understanding the Value & Risk of Predictive Coding,” 2nd Annual E-Discovery Life Sciences Conference in Philadelphia (February 27, 2012)
- Panelist, “Living in a World of Social Networks: Understanding the Impact on eDiscovery Practices,” 2nd Annual E-Discovery Life Sciences Conference in Philadelphia, (February 27, 2012)
- Panelist, “Top 5 Ethical Issues in E-Discovery,” LegalTech (February 2, 2011)
- Panelist, “Computer-Assisted Document Review: What, Why and How,” Kroll OnTrack hosted CLE seminar, Boston, MA (November 29, 2011)
- Panelist, "The Cloud? Inherent Risks & Challenges Associated With Cloud Computing,” eDiscovery for Pharmaceutical & Medical Device Corporations Conference, Boston, MA (March 28, 2011)
- Presenter, “Social Media and E-Discovery for the Institute of Continuing Legal Education in Georgia,” State Bar of Georgia (March 15, 2011)
- Panelist, “Controlling E-Discovery Costs at E-Discovery Summit 2010,” sponsored by Boston University School of Law, Massachusetts Lawyers Weekly, Westlaw, and CaseLogistix
- Keynote Speaker, “Top Ten Questions Posed to E-Discovery Counsel,” Boston College Club Executive Dinner (July 14, 2010)
- Presenter with Barbara Gueth, “Ethics and E-Discovery,” Boston Women in E-Discovery (April 6, 2010)
- Presenter, “E-Discovery Update: The Latest Cases, Trends and Tips for Civil and Criminal Trial Lawyers,” 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 (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)
- Main Speaker, “E-Discovery,” Massachusetts Bar Associations' Annual Convention (2005)
For her work in E-Discovery, Shannon has been quoted in the following media:
- Quoted, “Facebook Changes Open Up New World Of Discovery,” Law360 (October 28, 2011)
- Quoted, “Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data,” Association of Certified E-Discovery Specialists, (September 1, 2011)
- 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.