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Gil Keteltas is a trial lawyer with over 20 years of experience litigating complex commercial, tort and government enforcement disputes in federal, state and administrative courts. He served on the defense and trial teams of two of the largest government enforcement actions in history and, as lead trial counsel, won an unprecedented trial verdict that the California Air Resources Board unconstitutionally impaired contracts of the world’s leading diesel engine manufacturers.

Gil’s national trial practice benefits from his expansive experience in electronic discovery. Gil is not simply an e-discovery consultant—he is an advocate who commands the discovery process in the trenches of significant litigation, informed of the burdens, risks and strategic opportunities associated with electronically-stored information. Gil is editor of, and a regular contributor to, BakerHostetler’s Discovery Advocate blog.

Gil serves as national Co-Chair of BakerHostetler’s E-Discovery Advocacy and Management Team with Karin Scholz Jenson, bringing a practical focus to electronic discovery that recognizes not just the importance of disciplined litigation support, but also the role of focused advocacy in addressing the burdens, costs and opportunities of discovery in modern complex litigation. See detailed information about Mr. Keteltas’s e-discovery practice.

Representative Matters

• Center for Food Safety, et al. v. Vilsack, et al.
  Lead trial counsel in multiple lawsuits to the growers and processors of more than half of the nation’s domestically-grown sugar, defending their ability to plant, harvest and process biotech sugarbeets.
   
• In re: Chocolate Confectionary Antitrust Litigation
  As counsel to multinational food and beverage company in antitrust class action, negotiated and obtained significant limits to the scope, burden and expense of electronic discovery.
   
• In re Jackson, et al. v. General Motors Corp., et al.
  Led client and joint defense of six consolidated multiplaintiff tort actions brought by New York City transit workers alleging injuries from diesel exhaust exposure in enclosed transit terminals. Won dismissal of all claims on federal preemption grounds.
   
• Caterpillar Inc., et al. v. California Air Resources Board
  As lead trial counsel, won an unprecedented trial verdict in this case of first impression defended by the California Attorney General. The court invalidated a California regulation, finding that the regulation unconstitutionally impaired contracts with the world’s leading diesel engine manufacturers and amounted to an illegal recall.
   
• United States v. Caterpillar Inc., et al.
  Assisted client in the defense and resolution of an industry-wide investigation and government enforcement dispute concerning the regulation of engines. The case remains one of the largest government enforcement efforts in history. Also led successful client and industry joint-defense of multiple follow-on lawsuits alleging claims including unfair business practices, breach of contract and warranty and violations of the RICO statute.
    
• Pennsylvania Environmental Enforcement Project, Inc. v. Keystone Cement Co.
  Exposed a competitor’s role in secretly funding citizen suit litigation against our client. The suit ended on the eve of a preliminary injunction trial after the citizens unsuccessfully sought to withdraw their own preliminary injunction motion.
   
• U.S. v. Marine Shale Processors
  Served on the defense, trial and appellate team of the second-largest environmental enforcement action ever tried to a jury.
   
• Unocal National Litigation Docket
  Co-leader of a nationwide team that managed a national litigation docket involving 100+ active cases. Developed and utilized cutting-edge case management and litigation budgeting tools. (See American Lawyer, “The Fix Is In,” Nov. 1, 2005.)

Mr. Keteltas’s professional and civic affiliations and honors include:

• Board of Advisors, Georgetown Law Advanced E-Discovery Institute (2008 to present)
• Advisory Board Member, Georgetown Law Corporate Counsel Institute (2005 to present)
• Member, Sedona Working Group 1: Electronic Document Retention & Production
• Cornell Club of Washington, D.C. Elected to offices of President (1994-95; 1995-96); Vice-President (1992-93, 1993-94) and Scholarship Vice-President (1991-92) of 900 member alumni organization. Appointed to the Investment & Audit Committee (Fall 1996)
• Winner of the Bondareff Award in recognition of extended and dedicated service to the Cornell Club of Washington (May 2002)
• Elected Cornell University Council (2005 to 2007)

His pro bono activity includes:

• Successful appeal of denial of social security and disability benefits. Examined a vocational expert at an appeal before an administrative law judge.
• Work with a neighborhood association to fight open-air drug market using a nuisance law. Work resulted in closure of a “problem” business property following contested DCRA hearing and license revocation.

Mr. Keteltas’s speaking engagements and publications include:

• “U.S. E-Discovery,” Chapter 2 of E-Discovery and Data Privacy, Kluwer Law International (2011)
• “Damages Discovery,” Chapter 4 of Calculating and Proving Damages, Law Journal Press (2011)
• “The Sedona Conference Commentary on Proportionality in Electronic Discovery,” The Sedona Conference Journal, Vol. 11, contributing author (Fall 2010)
• “Litigation is the Key: How E-Discovery ‘Fits’ Into Civil Actions,” Georgetown Advanced E-Discovery Institute (November 2009)
• “Discovery of Electronic Evidence,” Chapter 1 of Electronic Evidence: Law and Practice, ABA Section of Litigation (2008)
• “Are Regulatory Findings Admissible Evidence?” Litigation, Vol. 34, co-author with Joanne Lichtman (Spring 2008)
• “Forecasting the Future,” Los Angeles/San Francisco Daily Journal, co-author with Joanne Lichtman (January 24, 2008)
• “Climate Change Lawsuits,” The National Law Journal (April 30, 2007)
• “The E-Discovery ‘Conversation’: Are You and Your Counsel Ready for It?” Webinar, Los Angeles, California (December 7, 2006)
• “Regulatory v. Daubert Science: Distinction With A Difference,” American Bar Association Committee on Commercial & Business Litigation Newsletter, Vol. 6, No. 1 (Spring 2005) 
• “Courtroom Technology in Product Trials: Debunking the Myths,” Product Liability Newsletter, Vol. 23, No. 5, co-authored with Mark D. Wegener (November 15, 2004)
• “Learning the Lessons of Asbestos: Courts and Defendants Can Do Better In the Case of Silica,” Toxic Chemicals (January 9, 2004)
• “Corporate Governance and Climate Change Should Your 10-K Forecast The Weather?” Mealey’s Corporate Governance Report (October 2003)