Shannon Capone Kirk

Managing Principal & Global Head

Shannon Capone Kirk
  • JD, cum laude, Suffolk University Law School, 1998
  • BA (Political Science), magna cum laude, St. John's University, 1995

Qualifications

  • Massachusetts, 2009
  • Illinois, 1998
  • Faculty Member, 2023 EDI Sixth Annual Judicial Training Symposium
  • Co-Chair, 2020 Georgetown Advanced E-Discovery Institute
  • Faculty Member, 2020 EDI and Duke Law’s online educational program on advanced E-Discovery topics
  • Working Group Member, 2019 Sedona Conference of Electronic Document Retention and Production (WG1)
  • Professor of E-Discovery at Suffolk Law School, since 2010
  • Member, 2009 Law360 editorial board
  • Advanced eDiscovery Institute (AEDI), Advisory Board Member
  • Routinely conducts CLE courses for attorneys on the subject of E-Discovery
  • Pro bono emphasis on Human Trafficking
  • Business Today: Top 10 Leading Lawyers Shaping E-Discovery and Information Governance Nationwide (2023)
  • Who’s Who Legal: Thought Leaders: USA (2022-2023)
  • Who’s Who Legal: Global Leader: Commercial Litigation – E-Discovery Lawyers (2022-2023)
  • Chambers Global: Band 1 in E-Discovery & Information Governance (2019-2023)
  • Chambers USA: Band 1 in Nationwide E-Discovery & Information Governance (2019-2023)
  • Boston Magazine: “Top Lawyers” (2021)
  • The Legal 500 US: “Leading Individual” in Nationwide E-Discovery (2019-2023)
  • Chambers Global: The World’s Leading Lawyers for Business (2015-2020)
  • Massachusetts Lawyers Weekly: Top Women of Law (2017)
  • Who's Who Legal: E-Discovery Analysis (2016-2017) 
  • Massachusetts Super Lawyers: Rising Star (2008, 2011-2013)
  • Illinois Super Lawyers: Rising Stars (2008)

Shannon Capone Kirk

Managing Principal & Global Head

Shannon Capone Kirk, Chambers Band 1-ranked and Legal 500 Tier 1-ranked in E-Discovery, focuses exclusively on electronic discovery law at both domestic and cross-border levels serving as Ropes & Gray’s Managing Principal & Global Head of the firm’s Advanced E-Discovery and A.I. Strategy practice. According to Business Today, where she was recently awarded the Top 10 Leading Lawyers Shaping E-Discovery and Information Governance Nationwide, Shannon is “among the sharpest attorneys” and “is able to ‘see around corners’ and get ahead of risk and strategic challenges before most others are even aware of them.” As quoted by Chambers, Shannon is “impressive and outspoken when it comes to controlling E-Discovery spend and pursuing advanced workflows for her clients.” Shannon serves global corporations as outside E-Discovery Counsel in large-scale litigation and investigations, with deep experience strategizing on Litigation Readiness Programs, protocols to collect and review data in foreign countries, and on the most efficient, practical, and cost-effective document preservation, collection, and review plan for any given matter. Shannon has mastered the application of machine learning in document review and is ideally positioned to help clients navigate this and the many other aspects of E-Discovery critical to litigation and investigations.

Shannon is a contributing author on several E-Discovery books, including the EDI Judges’ Guide to E-Discovery, specifically the Technology Assisted Review chapter for use by the Federal Bench. Recently awarded as a Thought Leader Nationwide by Who’s Who Legal, Shannon has published numerous cutting-edge articles in leading publications such as Law360, New York Law Journal, Law Technology News, Corporate Legal Times, National Law Journal, among many others, and frequently presents at prestigious institutes including Georgetown Law’s Advanced eDiscovery Institute, the Annual Electronic Discovery Institute (“EDI”) Leadership Summit, and SIFMA’s Compliance & Legal Forum examining all aspects of E-Discovery, and in November 2023, Shannon will serve as a faculty member faculty of EDI’s Sixth Annual Judicial Training Symposium.

Notably, Shannon examined on National Public Radio's “All Things Considered” how technology is changing the legal profession, and specifically document review. Shannon was a professor of E-Discovery at Suffolk Law School in Boston for several years.

Shannon also leads Ropes & Gray’s interactive E-Discovery training for attorneys, part of Ropes & Gray’s #1-ranked formal training program for the past several years by Vault. 

Experience

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. The case attracted TV and newspaper press in Chicago.

Publications

Presentations

  • Presenter, “The Rising Stakes of Data Governance and How Companies are Responding,” 24th Annual Pharmaceutical and Medical Device Ethics and Compliance Congress (October 25, 2023)
  • Panelist, “A Practical eDiscovery Guide to Mobile Chat Data in Investigations and Litigation Matters,” New England Litigation Technology Professionals (May 25, 2023)
  • Panelist, “The Proliferation of Text and App-Based Messaging: A Discussion of the Legal Landscape & Practical Guidance for Financial Firms,” SIFMA Compliance & Legal Annual Seminar (July 21, 2021) 
  • Panelist, “The Proliferation of Text and App-Based Messaging,” Enforcement Express Roundtable Series (July 15, 2021)
  • Moderator, “E-Discovery practice in the time of COVID-19,” Georgetown Law’s 2020 Advanced eDiscovery Institute (November 12, 2020) 
  • 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)

Selected Media

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.

  • JD, cum laude, Suffolk University Law School, 1998
  • BA (Political Science), magna cum laude, St. John's University, 1995

Qualifications

  • Massachusetts, 2009
  • Illinois, 1998
  • Business Today: Top 10 Leading Lawyers Shaping E-Discovery and Information Governance Nationwide (2023)
  • Who’s Who Legal: Thought Leaders: USA (2022-2023)
  • Who’s Who Legal: Global Leader: Commercial Litigation – E-Discovery Lawyers (2022-2023)
  • Chambers Global: Band 1 in E-Discovery & Information Governance (2019-2023)
  • Chambers USA: Band 1 in Nationwide E-Discovery & Information Governance (2019-2023)
  • Boston Magazine: “Top Lawyers” (2021)
  • The Legal 500 US: “Leading Individual” in Nationwide E-Discovery (2019-2023)
  • Chambers Global: The World’s Leading Lawyers for Business (2015-2020)
  • Massachusetts Lawyers Weekly: Top Women of Law (2017)
  • Who's Who Legal: E-Discovery Analysis (2016-2017) 
  • Massachusetts Super Lawyers: Rising Star (2008, 2011-2013)
  • Illinois Super Lawyers: Rising Stars (2008)
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