Jeffrey Fowler
Counsel
Jeffrey Fowler is a counsel in O’Melveny’s Los Angeles office and a member of the Class Actions, Mass Torts and Insurance Litigation Practice. He is also one of the founders and leaders of the Firm’s Electronic Discovery and Document Retention Practice.
Jeff is one of the few litigators in the country whose practice is entirely dedicated to electronic discovery issues. Jeff’s extensive experience spans a decade and includes some of history’s first and largest electronic discovery matters.
For example, in 2002–2003, Jeff was one of the architects of a large-scale electronic document production to the SEC and DOJ in connection with an investigation of a major telecommunications company. Since then, Jeff has become the firm’s go-to electronic discovery lawyer and consults on dozens of Litigation Department matters each year. Jeff most recently served on the legal team representing Advanced Micro Devices, Inc. in its civil antitrust lawsuit against Intel Corporation. Early in the case, Jeff helped negotiate several precedent-setting stipulations designed to limit the otherwise infinite amount of electronic evidence in the possession of the parties and the dozens of computer manufacturers, retailers, and distributors subpoenaed in
AMD v. Intel. He was also on the team of lawyers responsible for litigating the various electronic discovery issues of first impression that arose throughout the case.
Jeff also consults with clients on topics related to electronic discovery, including document retention practices, data security issues, trade secret misappropriation investigations, and litigation preparedness plans. Jeff has earned a national reputation as a noted speaker and writer on electronic discovery issues. He is a regular panelist for Strafford Teleconferences and is the co-author of the practice guide entitled, “Preserving Electronic Information: A Practical Approach,” BNA Books (2009).
Illustrative Professional Experience
- Provides electronic discovery-related advice to dozens of the firm's clients, including Amylin, General Mills, The Hershey Company, Samsung Electronics, Southern California Edison, Hilton Hotels Corporation, The Walt Disney Company, and Exxon
- Represented Advanced Micro Devices, Inc. in a worldwide monopolization lawsuit and related regulatory investigations against Intel Corporation
- Represented Broadcom Corporation in a trade secret misappropriation litigation matter involving former employees of Qualcomm
- Represents Federal Express Ground in multidistrict litigation challenging the independent contractor status of delivery persons
- Represents State Farm Mutual Automobile Insurance Company in a malicious prosecution action against the company and its top executives
- Represented WellPoint Health Networks in In Re: Managed Care, a series of multi-district class actions filed against every major health insurer in the United States
- Represented Lockheed Martin in federal and state court against class and mass toxic tort actions involving air and groundwater contamination in Burbank, California
- Trial counsel for TCW Asset Management Company in a federal bench trial of an ERISA claim; successful judgment obtained
Professional Activities
Admitted to Practice, U.S. Court of Appeals, Ninth Circuit; U.S. District Court, Central and Northern Districts of California
Member, Strafford Publications'
Litigation & ADR Advisory BoardBoard of Governors, The Organization of Legal Professionals (2009)
Co-Author, "Preserving Electronic Information: A Practical Approach," BNA Books (2009)
Author, "So You Want to Be A Producer: A Successful Document Production Starts With A Great Script and A Solid Cast,"
The E-Discovery Standard (LexisNexis/Applied Discovery) Spring Issue 2005;
The E-Discovery Special Report (Mealey Publications) 2006
Speaker and Panelist, Various electronic discovery topics including:
e-Discovery Case Law Update – Winter 2009, Fios, Inc. (December 2009);
e-Discovery Case Law Update – Winter 2009, Fios, Inc. (December 2009);
Cost Savings in E-Discovery, Huron Consulting Group (October 2009);
Practice Tips for Litigation Holds, National Constitution Center (August 2009);
California E-Discovery Law: Obtaining ESI Under the New Rules, Strafford (August 2009);
AB 5 and What You Need to Know, Women in E-Discovery (July 2009);
Litigation Holds and Rule 45 Subpoenas: Nonparty Preservation Essentials, National Constitution Center (June 2009);
Practice Tips for Litigation Holds, National Constitution Center (March 2009);
Effective Litigation Holds: Best Practices to Reduce Costs and Risk Under the Amended Federal Rules, Live Teleconference (February 2009);
First Steps on the Path to Production, West Legalworks E-Discovery: An A-Z Workshop (September 2008);
The Complexity of Litigation Hold Plan Implementation, E-Discovery Conference for the Pharmaceutical, Biotech and Medical Devices Industries (September 2008);
Inspecting Digital Forensics and Forensic Analysis, 5th E-Discovery Legal Conference (May 2008);
Implementing Effective Litigation Holds, Strafford Publications (March 2008); Electronic
Discovery and the Amended Rules After a Year, West Legalworks (February 2008);
Managing Costs The Changing Relationship with Outside Counsel, LegalTech New York (February 2008);
E-Discovery and Document Retention of Information Located in the EU, Strafford Publications Teleconference (November 2007);
Effective Litigation Holds: What You Need to Know and Do Now, National Constitution Center Audio Conference (November 2007);
Effective Litigation Holds: Best Practices to Reduce Risks and Costs under the New Federal Rules, Strafford Publications Teleconference (October 2007);
Electronic Evidence: Strategies for Admissibility, Strafford Publications Teleconference (August 2007);
Minimizing Risk: Where Should Data Live?, ALM’s LegalTech West Coast (June 2007);
Litigation Holds: Strategies for Reducing Risk and Lowering Litigation Costs, Strafford Publications Teleconference (June 2007);
Litigation Risk of Inadequate Data Management, Strafford Publications Teleconference (April 2007);
Practice Under the New E-Discovery Amendments, BNA (April 2007);
The Technology Revolution and New Associates, ALM’s LegalTech New York (January 2007);
Document Retention and Electronic Discovery Issues, Annual Meeting, National Telecommunications Cooperative Assn. (November 2006);
Electronic Discovery Best Practices, LexisNexis/Applied Discovery (October 2006);
E-Discovery in Patent Litigation Workshop, BNA Patent Litigation Seminar Series (September 2006);
Meeting the Demands of Document Retention, Strafford CLE Teleconferences (July 2006);
Examining Notable E-Discovery Case Law & Federal Rules Changes - 2006 Mid-Year Update, Kroll OnTrack Webinar (June 2006);
Surviving ‘The ED Age’ Together, ALM’s Legal Tech West Coast (June 2006);
Symposium on Electronic Discovery and Document Retention, California Continuing Education of the Bar Seminar Series, (May 2006; June 2006);
Overcoming IT Hazards in Electronic Discovery, ALM’s LegalTech New York (January 2006);
E-Discovery Best Practices, Bridgeport Seminar Series (January 2006); and
E-Discovery Certification Course, LexisNexis/Applied Discovery (September 2005; February 2005)
Internal Speaking Engagements,"A Legally Defensible Strategy for the Collection of Electronic Records" O"Melveny (August 2009); “ESI: Preservation/Early Case Assessmen” O'Melveny (June 2009); “Electronic Discovery: It Could Happen to You!” O’Melveny (April 2009); “E-Discovery Fundamentals” O’Melveny (April 2008); “So You’re in Litigation: E-Discovery Preservation and the Initial Case Management Conference,” O’Melveny (June 2007); “Electronic Discovery: Strategies for Class Action and Mass Tort Practitioners,” Class Actions Mass Torts and Aggregated Litigation Practice Group Retreat (October 2006); “Electronic Discovery and Document Retention: Practical and Strategic Considerations in a Changing Environment” (August 2005)
Chair, Legal Aid Foundation of Los Angeles Associates Advisory Board (2005–2006)
Co-Chair, Legal Aid Foundation of Los Angeles — Associates' Campaign (2003–2004)