Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Discovery Counsel, eDiscovery CoCounsel, pllc
Suzanne H. Clark directs the Legal Project Management practice of eDiscovery CoCounsel, pllc. Suzanne graduated from the University of Florida College of Law and began her legal career as merits counsel in commercial litigation. She later transitioned to a full-time focus on Electronic Discovery and is a nationally recognized speaker and panelist in eDiscovery education.
Suzanne is a veteran of numerous document review projects, large and small, from a multi-year SEC investigation involving millions of documents in Relativity to her current practice where she concentrates on Plaintiff’s side eDiscovery, assisting merits counsel with evidence management in mass torts litigation as well as small single-event cases for personal injury firms. In furtherance of this concentration, she has earned the Mass-Tort MDL Certificate from the Bolch Judicial Institute at Duke Law.
She is a frequent lecturer at legal Project Management educational events, including the annual University of Florida eDiscovery Conference, as well as numerous others. Further, Suzanne is an Associate Professor at Samford University, Cumberland School of Law, where she teaches ESI I: Introduction to E-Discovery and ESI II: Discovery to students earning their degree in Master of Studies of Law, an Online Graduate Program.
Suzanne holds the Certified Electronic Discovery Specialist (CEDS) designation of ACEDS, a certification requiring a rigorous peer-reviewed examination in information technology, Project Management fundamentals, evidence management technology, and discovery jurisprudence. She is also a Relativity Certified User. Suzanne co-founded the regional chapter of ACEDS which was later recognized as national Chapter of the Year for its vibrancy and outreach. She served as president of ACEDS Jacksonville for two years and remains an active member of the board. She also sits on the Global Advisory Council 2020 of the Electronic Discovery Reference Model (EDRM).
In past service, for two years, Suzanne chaired the Jacksonville Bar Association's Legal Technology Committee. Prior to that, she served for two years on the Board of the Jacksonville Women Lawyers Association (JWLA).
Partner, Sidley Austin LLP
Robert Keeling is an experienced litigator whose practice includes a special focus on electronic discovery matters. He represents both plaintiffs and defendants in complex civil litigation throughout the nation and conducts internal investigations in the United States and throughout the world. Robert handles a wide variety of commercial disputes in state and federal court. He is experienced in multi-district litigation, false claims act litigation, commercial litigation, securities class actions, contract disputes, RICO and fraud actions, insurance coverage litigation and many other types of cases.
Robert is a co-chair of the firm’s E-Discovery Task Force. Robert is experienced with technology-assisted review, predictive coding and other applications that can enable clients to significantly reduce e-discovery costs while maintaining the defensibility of the review.
Robert also has substantial experience conducting investigations both, in the United States and abroad. He has represented numerous clients in international investigations with respect to the Foreign Corrupt Practices Act, and advises companies on the implementation of effective compliance programs related to the FCPA. Robert also has handled internal investigations involving allegations of healthcare fraud and abuse, embezzlement, accounting irregularities and violations of securities and banking regulations.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law, teaches and writes on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law. In addition, he is Senior Counsel to the law firm of Sidley Austin LLP.
Professor Redish received his AB with highest honors in political science from the University of Pennsylvania and his JD magna cum laude from Harvard Law School.
Described in a review of his book, The Federal Courts in the Political Order, as "without a doubt the foremost scholar on issues of federal court jurisdiction in this generation," Professor Redish is the author or co-author of more than 80 articles and 15 books. Professor Redish's book entitled, The Logic of Persecution: Free Expression and the McCarthy Era, was published by Stanford University Press in the summer of 2005. His book entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit, was published by Stanford University Press in 2009. Professor Redish was recently listed in a study conducted by William S. Hein & Company as the sixteenth most cited legal scholar of all time. He has also been consistently recognized by the Institute for Scientific Information for being among the most highly cited researchers worldwide. As a visiting professor at the University of Michigan Law School he won the L. Hart Wright Outstanding Teacher Award. He has also won the Robert Childress Memorial Award for Teaching Excellence, the Dean's Teaching Award, the First Year Course Professor Award, and the Student Bar Association Faculty Appreciation Award at Northwestern.
Professor Redish has appeared as an expert witness before numerous congressional committees. In addition, he has made frequent appearances in the national media, including the Today Show, ABC and NBC National News, CNN, Court TV, CSPAN and National Public Radio.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Discovery Counsel, eDiscovery CoCounsel, pllc
Suzanne H. Clark directs the Legal Project Management practice of eDiscovery CoCounsel, pllc. Suzanne graduated from the University of Florida College of Law and began her legal career as merits counsel in commercial litigation. She later transitioned to a full-time focus on Electronic Discovery and is a nationally recognized speaker and panelist in eDiscovery education.
Suzanne is a veteran of numerous document review projects, large and small, from a multi-year SEC investigation involving millions of documents in Relativity to her current practice where she concentrates on Plaintiff’s side eDiscovery, assisting merits counsel with evidence management in mass torts litigation as well as small single-event cases for personal injury firms. In furtherance of this concentration, she has earned the Mass-Tort MDL Certificate from the Bolch Judicial Institute at Duke Law.
She is a frequent lecturer at legal Project Management educational events, including the annual University of Florida eDiscovery Conference, as well as numerous others. Further, Suzanne is an Associate Professor at Samford University, Cumberland School of Law, where she teaches ESI I: Introduction to E-Discovery and ESI II: Discovery to students earning their degree in Master of Studies of Law, an Online Graduate Program.
Suzanne holds the Certified Electronic Discovery Specialist (CEDS) designation of ACEDS, a certification requiring a rigorous peer-reviewed examination in information technology, Project Management fundamentals, evidence management technology, and discovery jurisprudence. She is also a Relativity Certified User. Suzanne co-founded the regional chapter of ACEDS which was later recognized as national Chapter of the Year for its vibrancy and outreach. She served as president of ACEDS Jacksonville for two years and remains an active member of the board. She also sits on the Global Advisory Council 2020 of the Electronic Discovery Reference Model (EDRM).
In past service, for two years, Suzanne chaired the Jacksonville Bar Association's Legal Technology Committee. Prior to that, she served for two years on the Board of the Jacksonville Women Lawyers Association (JWLA).
Partner, Sidley Austin LLP
Robert Keeling is an experienced litigator whose practice includes a special focus on electronic discovery matters. He represents both plaintiffs and defendants in complex civil litigation throughout the nation and conducts internal investigations in the United States and throughout the world. Robert handles a wide variety of commercial disputes in state and federal court. He is experienced in multi-district litigation, false claims act litigation, commercial litigation, securities class actions, contract disputes, RICO and fraud actions, insurance coverage litigation and many other types of cases.
Robert is a co-chair of the firm’s E-Discovery Task Force. Robert is experienced with technology-assisted review, predictive coding and other applications that can enable clients to significantly reduce e-discovery costs while maintaining the defensibility of the review.
Robert also has substantial experience conducting investigations both, in the United States and abroad. He has represented numerous clients in international investigations with respect to the Foreign Corrupt Practices Act, and advises companies on the implementation of effective compliance programs related to the FCPA. Robert also has handled internal investigations involving allegations of healthcare fraud and abuse, embezzlement, accounting irregularities and violations of securities and banking regulations.
A Short Introduction to Electronic Discovery
Ted Hirt
PowerPoint Slides This program will provide a short introduction to the world of E-Discovery,...
A Short Introduction to Electronic Discovery
Ted Hirt
PowerPoint Slides This program will provide a short introduction to the world of E-Discovery,...
A Short Introduction to Electronic Discovery
The Problems of Preservation: How Much Evidence is Too Much?
Suzanne Clark, Robert D. Keeling, Michael Buschbacher
In today’s digital age, businesses create seemingly infinite quantities of data. And when the mere...
The Problems of Preservation: How Much Evidence is Too Much?
TeleforumPleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure
Martin Redish
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
A Modest Proposal for Human Limitations on Cyberdiscovery
Rick M. Esenberg
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
Delaware Chancery Court Addresses E-Discovery
Shauna Peterson
The Delaware Court of Chancery issued four decisions in late May and early June clarifying...
Engage Volume 5, Issue 1, April 2004
Administrative Law & Regulation Independent Peer Review: The Sine Qua Non of Information Quality by...