Edward J. Jacobs

Partner

New York
T +1 212.589.4674  |  F +1 212.589.4201

Ted Jacobs focuses his practice on information-related issues in complex commercial and class action litigation. After years of managing some of the most document-intensive litigations in the world, he is an experienced advisor regarding preservation of evidence, discovery management, the use of technology in litigation and dispositive motion practice. Ted is a skilled negotiator in the discovery arena, helping clients navigate and minimize the risks, disruption to business and costs associated with litigation. Ted appears in court or in arbitrations arguing complex discovery and substantive legal issues on a regular basis. With the ability to see how critical discovery-related strategy might play out in litigation, trial or settlement discussions, he brings 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.  

As of 2017, Ted is the national leader of BakerHostetler's E-Discovery Advocacy and Management team (EDAM), a national leader in the application of technology and practical approaches to complex discovery pursuant to the significant changes to the Federal Rules of Civil Procedure that became effective in 2015. Ted also oversees EDAM's national role providing e-discovery expertise to BakerHostetler's Chambers-ranked Privacy and Data Protection team. EDAM executes strategic plans to supervise and execute the preservation of evidence and management of discovery in more than a dozen data breaches and subsequent class actions, including four of the top five largest healthcare breaches in United States history. Ted is also a member of the BakerHostetler Diversity and Inclusion Leadership Committee and the co-chair of the New York office's Diversity and Inclusion Committee.

Select Experience

  • Coordinator of the BakerHostetler legal team serving as court-appointed counsel to Irving H. Picard, the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). Responsible for both the overall strategic and day-to-day execution of discovery across the hundreds of proceedings brought by the SIPA Trustee to recover billions of dollars of stolen funds. He served as a lead attorney on several adversary proceedings involving feeder funds and financial institutions, including Picard v. Merkin, et al., Adv. Proc. No. 09-01182 (SMB), and Picard v. Katz, et al., 11-CV-03605 (JSR). 
  • Trial counsel for a major food packaging producer in connection with a multidistrict commercial contract dispute with a supplier.
  • Discovery manager for a major aluminum can sheet producer in several long-term supply contract disputes with leading beverage makers. 
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Experience

  • Coordinator of the BakerHostetler legal team serving as court-appointed counsel to Irving H. Picard, the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). Responsible for both the overall strategic and day-to-day execution of discovery across the hundreds of proceedings brought by the SIPA Trustee to recover billions of dollars of stolen funds. He served as a lead attorney on several adversary proceedings involving feeder funds and financial institutions, including Picard v. Merkin, et al., Adv. Proc. No. 09-01182 (SMB), and Picard v. Katz, et al., 11-CV-03605 (JSR). 
  • Trial counsel for a major food packaging producer in connection with a multidistrict commercial contract dispute with a supplier.
  • Discovery manager for a major aluminum can sheet producer in several long-term supply contract disputes with leading beverage makers. 
  • Advisor to a major tax consulting firm in connection with the handling of third-party subpoenas and governmental requests.
  • Discovery manager for a leading Wall Street law firm in connection with claims brought by investors in In re Enron Securities Litigation.
  • Trial team member in a class action defense of an underwriting syndicate in In re Global Crossing Securities Litigation.
  • Discovery manager for a major Wall Street bank in connection with the U.S. Securities and Exchange Commission's Research Analyst Conflicts of Interest investigation.
  • Advisor to a major oil and gas valve producer with regard to Foreign Corrupt Practices Act (FCPA) compliance and activities of overseas offices. 

Recognitions

  • New York "Super Lawyer" (2013 to 2016)

Memberships

  • Out Leadership: Leadership Committee
  • National LGBT Bar Association
  • American Bar Association
  • New York City Bar Association
  • Urban Word NYC: Board Member
  • Sedona Conference Working Group 1: Member
  • New York E-Discovery Roundtable

News

Pro Bono

  • Has an active pro bono practice and has demonstrated sustained leadership in the area of LGBT rights since working with the Legal Department of Gay Men's Health Crisis in 1999 prior to attending law school.
  • Represents the Human Rights Campaign in the writing of an amicus brief from leading child welfare associations who believe that transgendered students in public schools should be allowed to use the restroom of their gender identity. The brief will be filed in G. G. v. Gloucester County School Board, which is currently pending in the Supreme Court of the United States. 
  • Has successfully represented individuals from Guatemala, Cuba, Jamaica and Venezuela fleeing persecution in their home countries based on sexual orientation and HIV status in both administrative proceedings and in U.S. Immigration Court.
  • In 2010, participated on a team representing the Lawyers' Committee for Civil Rights Under Law by filing an amicus brief in the U.S. Supreme Court in support of employees' anti-discrimination rights in Straub v. Proctor Hospital, where the plaintiff alleged he was improperly discharged from his job due to his National Guard service in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).
  • Organized a diverse coalition of religious communities and clergy throughout New York state from 2005 to 2006 in order to submit an amicus brief to the New York Court of Appeals in support of marriage equality in that state.

Services

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of New York
  • New York, 2002

Education

  • J.D., Georgetown University Law Center, 2002
  • M.T.S., Harvard University, 1998
  • B.A., Colgate University, 1996, magna cum laude

Blog

In The Blogs

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Discovery Advocate
Advocacy in E-Discovery More Important Than Ever
By David Choi, Edward J. Jacobs
March 23, 2017
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and...
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Discovery Advocate
Judge Peck to Attorneys – Wake Up and Read Rule 34
By Edward J. Jacobs, Nichole L. Sterling
March 16, 2017
It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he took...
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