- e-Discovery and Information Governance
- Fiduciary Litigation
- Insurance Coverage Litigation
- White Collar and Investigations
- Banking & Financial Services Industry
|Contact Info||Telephone: 804.420.6444|
|University ||College of William & Mary, B.A., 1994|
|Law School||University of Virginia School of Law, J.D., 2000 Journal of Social Policy & the Law, Symposium Editor, Pro Bono Criminal Assistance Project, Executive Director, Pro Bono Service|
|Admitted||2000, Virginia; New Jersey; U.S. District Court, Eastern District of Virginia; U.S. District Court, Western District of Virginia; U.S. Court of Appeals for the Fourth Circuit; U.S. Bankruptcy Court for the Eastern District of Virginia; U.S. Court of Appeals for the Third Circuit; U.S. District Court, District of New Jersey|
|Born||Belleville, New Jersey, July 11, 1973|
Monica McCarroll co-chairs Williams Mullen's eDiscovery and Information Governance Section. An experienced litigator, Ms. McCarroll's practice focuses on formulating and executing discovery strategies in complex, commercial and IP litigation, as well as advising clients how to navigate the electronic landscape during internal and government investigations and employment-related disputes. She has tried numerous cases in state and federal courts and has argued before the Supreme Court of Virginia. Ms. McCarroll is admitted to practice in all state and federal courts in Virginia and also is a member in good standing of the state and federal courts in New Jersey.
In addition to her experience negotiating and defending ESI protocols and managing the overall discovery process, Ms. McCarroll counsels her clients regarding information governance reviews and litigation readiness assessments. She has utilized the latest technology tools to analyze, review, produce and present evidence, whether at a deposition, at trial or in a settlement conference. Ms. McCarroll is a frequent speaker and writer on eDiscovery issues. She is an active member of Working Group I on Electronic Document Retention and Production of The Sedona Conference and a guest lecturer at the University of Virginia School of Law, and she was a faculty member of the ABA's 5th Annual National Institute on eDiscovery.
Ms. McCarroll received her law degree in 2000 from the University of Virginia School of Law. Ms. McCarroll has been named a "Rising Star" by Virginia Super Lawyers magazine and one of Virginia's "Legal Elite" by Virginia Business magazine. She is a member of the Virginia State Bar, the American Bar Association, the Richmond Bar Association and The John Marshall American Inn of Court.
· Lead eDiscovery Counsel defending an antitrust class action, which involved the negotiation of complex ESI protocols to narrow the scope and volume of data for preservation.
· Lead eDiscovery Counsel for national railroad, crafting discovery strategy and protocols for subject matter experts throughout the country to ensure consistent, defensible positions across cases.
· Lead eDiscovery Counsel for private airline responding to government subpoena. Negotiated phased discovery protocol and production schedule that focused on specific communications.
· Lead eDiscovery Counsel for plaintiff in trademark infringement case. Negotiated phased discovery protocols and managed complex review under tight deadlines.
· Served as lead counsel in defending an international manufacturer of furniture products against a patent infringement lawsuit and attacking the validity of the competitor's patents. Williams Mullen lead the effort to collect technical documents and data and to interview key witnesses, including extensive work in China and with Chinese-language documents; conducted numerous depositions; interviewed, retained, and prepared technical experts.
· Retained by audit committee of international trading company to conduct internal investigation into alleged violations of the Foreign Corrupt Practices Act (FCPA), and other potential violations.
· Williams Mullen served as lead counsel in defending client, who was sued in federal court in New York by the promoter of the Miss USA pageant.
American Bar Association
Richmond Bar Association
Virginia Bar Association
Diversity Recruitment Chair
John Marshall American Inn of Court
Awards & Honors
Listed in "Legal Elite," Virginia Business magazine
Listed as a "Rising Star" in Virginia Super Lawyers magazine
Benchmark Litigation "Future Star" (2012)
· VSB/VBA Wills for Heroes Program
· Junior Achievement Excellence Through Ethics Program
· The Community Foundation's Impact 100 Program
Documents by this lawyer on Martindale.com
What Is “the Cloud” and Should I Store My Company’s Data There?
Monica McCarroll, August 29, 2012
“The Cloud” is everywhere these days - Microsoft has a clever ad campaign directing consumers “to the Cloud”; Apple is launching “iCloud” to store all of your music, pictures and apps; and Google Docs has partnered with Box.net to simplify sharing documents by...
Are You Sure You Want Those Documents? Then You Might Have to Pay for Reviewing Them
Bennett B. Borden,Neil Magnuson,Monica McCarroll, June 26, 2012
In two nearly identical opinions, the U.S. District Court for the Western District of Virginia considered a question faced by many modern litigants in the age of eDiscovery, namely, whether “otherwise accessible, responsive documents should not be produced because of the high cost of...
Court Allows Discovery Directly to Third-Party IT Outsourcer Because Of Party’s Inadequate Information Governance Practices; Awards Adverse Inference and Costs & Fees for Spoliation
Bennett B. Borden,Jay Brudz,Neil Magnuson,Monica McCarroll,Brian C. Vick, June 1, 2012
In Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2012 U.S. Dist. LEXIS 69577 (D. Neb. May 18, 2012) (Kiewit II), one of the first cases of its kind, the Court allowed the Plaintiff to subpoena the Defendants’ third-party provider of IT outsourcing services because of the...
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