James A. Sherer

Partner

New York
T +1.212.589.4279
F +1.212.589.4201

Overview

James Sherer is chair of the Information Governance practice team and also serves as a member of the E-Discovery Advocacy and Management, and Privacy and Data Protection teams. His work focuses on litigation; discovery management processes; enterprise risk management; records and information governance; data privacy, security and bank secrecy; artificial intelligence; technology integration issues; and related merger and acquisition diligence. Prior to joining BakerHostetler, James worked as in-house litigator with a Fortune 500 company and previously practiced litigation in New York. He holds an M.B.A., his CIPP/US, CIPP/E, CIPM and FIP data privacy professional credentials, the CIP and IGP information governance designations, and the CEDS eDiscovery specialist credential. James is also a member of The Sedona Conference® Working Groups One, Six, and Eleven; and writes and presents on e-discovery, information governance, privacy, investigation, and merger and acquisition issues.

Select Experience

  • Advised the records and information management department of a U.S.-based multinational manufacturing organization on a worldwide pilot program for data management centered on corporate and personal email management, as well as licensing and implementation of outside vendor software. Examined and analyzed implementation issues. Advised on software implementation steps and modifications to the pilot program in accordance with risks identified through data analysis.
  • Advised an organization with tens of thousands of core and franchise operations in nearly 120 countries regarding e-discovery and data privacy corporate policy, and related intercorporate procedures and responsibilities. Drafted and updated an international discovery consideration protocol and provided advice to the organization. Focused on e-discovery preservation and data protection issues; the collection, processing and control of sensitive data; Hague Evidence Convention and Letters Rogatory practices; and Data Protection Authority guidance.
  • Advised a company when an employee working for the organization's operations in India and the U.S. blew the whistle on an alleged fraudulent invoicing and bribery scheme. The whistleblower threatened claims of internal corruption, bribery, Sarbanes-Oxley violations, defamation, tortious interference and breach of contract. Advised on 2011 Indian Privacy Rules; coordinated the preservation and collection of electronic information and other data; interviewed employees; and directed associate, paralegal, in-house resources, outside merits and employment counsel regarding litigation risk analysis and data management issues.
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Experience

  • Advised the records and information management department of a U.S.-based multinational manufacturing organization on a worldwide pilot program for data management centered on corporate and personal email management, as well as licensing and implementation of outside vendor software. Examined and analyzed implementation issues. Advised on software implementation steps and modifications to the pilot program in accordance with risks identified through data analysis.
  • Advised an organization with tens of thousands of core and franchise operations in nearly 120 countries regarding e-discovery and data privacy corporate policy, and related intercorporate procedures and responsibilities. Drafted and updated an international discovery consideration protocol and provided advice to the organization. Focused on e-discovery preservation and data protection issues; the collection, processing and control of sensitive data; Hague Evidence Convention and Letters Rogatory practices; and Data Protection Authority guidance.
  • Advised a company when an employee working for the organization's operations in India and the U.S. blew the whistle on an alleged fraudulent invoicing and bribery scheme. The whistleblower threatened claims of internal corruption, bribery, Sarbanes-Oxley violations, defamation, tortious interference and breach of contract. Advised on 2011 Indian Privacy Rules; coordinated the preservation and collection of electronic information and other data; interviewed employees; and directed associate, paralegal, in-house resources, outside merits and employment counsel regarding litigation risk analysis and data management issues.
  • Directed a team developing information governance guidance for the records and information management department of a multinational pharmaceutical organization. The organization required review and analysis of international records and its information program to determine compliance with local and international data privacy regulations, records, and e-discovery requirements. Project required region-by-region analysis, as well as analysis for instances of cross-border inconsistencies.
  • Advised the records and information management department of a multinational manufacturing organization concerning domestic and international merger, acquisition, divestiture, and asset purchase and sale activity. Defined and proposed a step-by-step process to evaluate and comply with associated RIM, e-discovery, data privacy and data security requirements. Led directly to development and presentation at 2012 IAPP International Data Protection Congress in Brussels.
  • Assisted Israeli technology company with interviews of personnel involved with accounting inconsistencies related to reserves in books in various foreign locales, drawing on accounting and white collar defense experience. Evaluated privacy issues associated with Israel's Protection of Privacy Law 1981, while coordinating, supervising and directing a team of Israeli attorney reviewers, firm associates and paralegals; also developed the investigation and managed e-discovery work.
  • Represented a multinational chemical company in a legacy remediation information governance project to review freight containers of inherited documents from the purchase of a subsidiary's operations. Directly responsible for the project's proposal, budget and execution. Employed and directed paralegals and outside firm in reviewing and evaluating documents for existing and potential litigation issues, appropriate records and information management practices, and business records.
  • Assisted the U.S. subsidiary of a French chemical company when it was sued for alleged personal injuries as part of a putative class action. Audited the organization's practices, interviewed employees and officers, performed extensive data analysis and review, and directed paralegals and junior attorneys. Argued for restriction on French data involved in U.S. litigation while accounting for 1978 French LIL Act.
  • Advised a U.S. organization with overseas operations in multiple jurisdictions when it was undertaking and asset purchase in the hundreds of millions of dollars of a going concern. Rather than a strict asset purchase, the acquired going concern retained significant domestic and international operations. Advised on the organization's proposed data migration plan as it related to ongoing litigation, e-discovery preservation, data privacy issues, significant data security concerns, and harmonization with the organization's records and information management. Performed interviews, undertook and managed data security assessments, evaluated the impact of the UK's Data Protection Act, coordinated document collection and retention efforts by employees, and proposed risk-benefit analyses regarding strategies to transfer and mask data.
  • Assisted a multinational manufacturing company engaged in insurance coverage litigation. Undertook the internal investigation and evaluation of environmental records associated with certain policy provisions. Developed method and strategy for, and subsequently supervised review of, the on-site paralegal and attorney review team. Reviewed records, identified documents of interest for litigation, and segregated and evaluated documents with inherent value to the organization. The project included domestic data privacy concerns associated with personally identifiable information and masking strategies.
  • Assisted a multinational pharmaceutical organization after instigation of personal injury claims in national and worldwide class action litigation. Managed components of a multimillion-document discovery project, and developed strategies to implement database segregation and hosting procedures.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2014 to 2016)
  • New York State Bar Association: Empire State Counsel for Pro Bono Work (2012, 2014, 2015)
  • District of Columbia Court of Appeals: Capital Pro Bono Honor Roll for Pro Bono Work (2012, 2015)

Memberships

  • Association of Certified E-Discovery Specialists (ACEDS)
    • Certified E-Discovery Specialist (CEDS)
  • Association of Records Managers and Administrators (ARMA)
    • Information Governance Professional (IGP)
  • Association for Information and Image Management (AIIM)
    • Certified Information Professional (CIP)
  • International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Professional – United States (CIPP/US)
    • Certified Information Privacy Professional – Europe (CIPP/E)
    • Certified Information Privacy Manager (CIPM)
    • Fellow of Information Privacy (FIP)
  • The Sedona Conference Working Group on Electronic Document Retention
    • Working Groups 1, 6 and 11
    • Sedona Conference Participant: Search, Achieving Quality, Data Privacy and Security, Information Governance, and Merger & Acquisition Drafting Teams
  • New York State Bar Association (NYSBA)
    • NYSBA eDiscovery Committee Member
  • New York E-Discovery Group Delegate

News

News

Press Releases

Community

  • Cleveland Manor, Incorporated: Board of Directors (2008 to present)
  • The Stecher & Horowitz Foundation: Board of Directors (2015 to present)

Prior Positions

  • Redgrave LLP: Partner (2010 to 2013)
  • The Dow Chemical Company: Litigation Attorney (2007 to 2010)
  • Dickstein Shapiro L.L.P: Litigation Associate (2005 to 2007)
  • Hughes, Hubbard & Reed L.L.P.: Litigation Associate (2002 to 2005)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York
  • New York
  • Michigan
  • District of Columbia

Education

  • M.B.A., Finance, Central Michigan University, 2009, Valedictorian, Beta Gamma Sigma
  • J.D., Columbia University School of Law, 2002
  • A.B., English and Psychology, University of Michigan, 1999, class honors, Golden Key Honor Society, Psi Chi

Blog

In The Blogs

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Data Privacy Monitor
Deeper Dive: Security Incident Notification Under the New EU General Data Protection Regulation (GDPR)
By Emily R. Fedeles, Melinda L. McLellan, James A. Sherer
May 5, 2017
As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than 20 years...
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Discovery Advocate
It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage
By James A. Sherer
May 3, 2017
Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance...
Read More ->