Robert D. Owen

Robert D. Owen: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Bob Owen has decades of commercial litigation experience in New York, Illinois and around the country. A nationally recognized adviser to financial services, energy and technology companies, Bob is known for efficient, creative and early dispute resolution. He has handled hundreds of cases before federal and state courts and arbitration panels throughout the United States. His accomplishments as a trial lawyer are recognized by the National Institute of Trial Advocacy which has invited him to teach trial skills at its flagship national program in Boulder, Colorado (seven times) and at many of its regional programs.

Bob is a nationally recognized authority in e-discovery, managing the costs and risks that e-discovery now adds to the litigation calculus. Bob currently serves as Partner in Charge of the Eversheds Sutherland (US) New York office. Chambers consistently rates him as one of six first rank leading individuals in e-discovery nationally, and reports that he is “‘clearly a leader in the field’ of e-discovery” who is “revered by his clients as ‘a visionary whose knowledge...of e-discovery is top tier’” and is “recognized as ‘a seasoned litigator who has the unique perspective of being both skilled in the law and in technology.’” In addition, he is president of the non-profit Electronic Discovery Institute and a member of Bloomberg Law’s Litigation Innovation Board, which advises Bloomberg on the company’s forthcoming litigation and analytics solutions.

Experience

“I think earned accomplishment is the principal source of human happiness, so I find it very satisfying to get good results for my clients. I like bonding with my clients, and I think it’s a mistake when lawyers distance themselves from their clients. My most successful client relationships have been with people who have become my friends, and we worked as a team.”

Experience

Secured a zero-dollar settlement for a consumer goods manufacturer in multiple statewide consumer fraud class actions.
Defends a New York-based financial services firm against a $100 million bankruptcy-related claim and other litigation.
Settled favorably a breach of contract case as lead jury trial counsel for a global telecom company.
Represents a financial services company in New York state court regarding a fraudulent conveyance claim.

Publications

“Preservation law impacts daily practices in corporations and courts across the nation. Yet, this regime-which reflects the common law evolved from individual decisions rendered in singular cases-is materially flawed and needs substantial change.”

Legal Alerts

Legal Alert: Supreme Court rejects class-action counterclaim removal (May 29, 2019)
The Supreme Court yesterday rejected a counterclaim defendant’s attempt to remove a would-be class action to federal court, holding that even where that defendant, Home Depot, was not an original ...

Legal Alert: The evolving landscape of non-compete agreements-change is underway in New York State-could non-compete clauses become unenforceable? (April 30, 2019)
Employers commonly use non-compete agreements to protect the use of their trade secrets and other confidential business information from employers who leave to join competitors. New York State ...

Legal Alert: The Supreme Court weighs in on copyright matters - a costly decision and a registration requirement (March 6, 2019)
It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. Both decisions ...

Legal Alert: January’s Privacy Blizzard (February 4, 2019)
In collaboration with Eversheds Sutherland partner Paula Barrett .
As predicted, the start of 2019 provided scant respite from the frenetic pace of privacy and cybersecurity developments during 2018. This past month alone, in a blizzard of activity, regulators ...

Legal Alert: 2018 amendments to the Federal Rules of Civil Procedure - embracing technology and promoting judicial efficiency (December 4, 2018)
On December 1, 2018, four amendments to the Federal Rules of Civil Procedure became effective. The amendments to Rules 23, 5, 62, and 65.1 by no means constitute earth-shattering changes to existing ...

Legal Alert: UK Court of Appeals upholds litigation privilege for internal investigation documents (September 10, 2018)
In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has ...

Legal Alert: Reaching for the clouds-how the US government plans to access data stored abroad (April 3, 2018)
As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service ...

Legal Alert: No End in Sight: ADA Website Accessibility Lawsuits Continue Unabated in 2017 (October 25, 2017)
The onslaught of class action lawsuits alleging violations of the Americans with Disabilities Act (ADA), based on the alleged failure to maintain ADA compliant websites that are accessible to the ...

Legal Alert: Significant WiFi vulnerability exposed (October 16, 2017)
What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except ...

Legal Alert: Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit (August 22, 2017)
In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long ...

Articles

Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019 (March 1, 2019)
From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to ...

2017 Cybersecurity Litigation Year in Review and Forecasts (December 21, 2017)
New York Law Journal
Cyber-related litigation continues to be volatile, with 2017 witnessing several momentous developments including rulings on standing, the extent of insurance coverage, the fate of the Fourth ...

The Triggers for Work Product Protection and the Duty to Preserve Are Not Identical (Fall 2017)
Partnering Perspectives
Some Federal Courts have conflated the triggers for work product protection and document preservation. In their article for the Fall 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) ...

Skin in the Game: A Proposed Co-Pay Requirement for Discovery-Requesting Parties (October 6, 2017)
Washington Legal Foundation - Legal Backgrounder
Skyrocketing discovery costs call for a fundamental shift in how parties approach and pay for discovery. One effective and simplistic way to achieve this goal is to incorporate into the discovery ...

Federal Court’s Inherent Authority Revisited (June 2017)
Captive Insurance Company Reports
In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway ...

Rule 41 - A Hacking by Any Other Name... (Spring 2017)
Partnering Perspectives
In their article for the Spring 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) attorneys Mark Herlach, Robert Owen, Phillip Stano, Mary Jane Wilson-Bilik, Trevor Satnick and John ...

Are You Prepared for New York State’s Cybersecurity Requirements for Financial Services Companies? (November 14, 2016)
New York Law Journal
The New York Department of Financial Services recently proposed a set of rules referred to as the “Cybersecurity Requirements for Financial Services Companies.” If passed in their current form, the ...

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

Safe Harbor Ruling: A Digital Pearl Harbor? (October 12, 2015)
Legal Tech News
On October 6, 2015, the High Court of the European Union (EU) delivered a decision nullifying the Data Safe Harbor agreement between the EU and the United States. This agreement, ratified in July ...

The E-Discovery Institute Announces Leadership Summit and New Judges’ Training Symposium (September 18, 2015)
Legal Tech News
In his article for Legal Tech News, Partner Robert Owen reveals the wide range of topics that will be discussed during the fifth annual Electronic Discovery Institute Leadership Summit on October ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2017)
With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. We are pleased to present ...

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2017)
We are pleased to present the Spring 2017 edition of Partnering Perspectives, which provides insight into a number of developing legal issues with important multinational implications. Articles ...

Books

The Federal Judges’ Guide to Discovery (December 2015)
Electronic Discovery Institute
Sutherland Litigation Partner Robert Owen is Editor-in-Chief of, and also contributed chapters to, The Federal Judges’ Guide to Discovery. The Guide was published by the non-profit Electronic ...

Chapter 7: Navigating Data Loss at Trial ( 2015 American Bar Association)
From the Trenches: Strategies and Tips from 21 of the Nation’s Top Trial Lawyers
In From the Trenches: Strategies and Tips from 21 of the Nation’s Top Trial Lawyers, Sutherland Partner Robert Owen contributed Chapter 7. In it, Bob suggests themes, surveys and strategies, and ...

Presentations

“It is impossible to achieve perfection in preserving potentially relevant evidence, but in striving to do so, current law has created a system that is materially flawed and that needs new and definitive guidelines.”

Presentations

Disclosure and Discovery, including E-Discovery, and Litigating Cases Efficiently (May 4, 2017)
NYSBA Commercial Litigation Academy 2017
Eversheds Sutherland (US) Partner Bob Owen presents, Disclosure and Discovery, including E-Discovery, and Litigating Cases Efficiently at the NYSBA Commercial Litigation Academy 2017 on May 4 in ...

Game Over: Ending Custodian-Based Over-Preservation using 26(b)(1) & 37(e) (April 28, 2017)
EDI Spring Meeting
Eversheds Sutherland (US) Partner Bob Owen moderates the panel, Game Over: Ending Custodian-Based Over-Preservation using 26(b)(1) & 37(e) at the EDI Spring Meeting on April 28, 2017, in San Diego, ...

Top Ten Tools for Rules-Based Advocacy (February 2, 2017)
LegalTech
Eversheds Sutherland (US) Partner Robert Owen joins a panel to present “Top Ten Tools for Rules-Based Advocacy” at the LegalTech Conference on February 2, 2017, in New York, New York.

Rules Update - Key Issues for In-House Counsel (January 30, 2017)
Corporate Counsel Roundtable
Eversheds Sutherland (US) Partner Robert Owen joins a panel to present “Rules Update - Key Issues for In-House Counsel” at the Corporate Counsel Roundtable on January 30, 2017, in New York, New York.

Federal Judges’ Guide to Discovery Webinar Series (May 4, 2016)
Electronic Discovery Institute
The Electronic Discovery Institute (EDI) has launched a new discovery manual-The Federal Judges’ Guide to Discovery-to provide guidance to practitioners regarding the themes of the 2015 amendments to ...

Mitigating Risk with Information Governance and Insight (February 3, 2016)
LegalTech New York 2016 Conference
Sutherland Partner Robert Owen is a panelist on “Mitigating Risk with Information Governance and Insight” at the LegalTech New York 2016 Conference on February 3, 2016, in New York City. This session ...

Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...

Webcast: Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (November 17, 2015)
Please join Sutherland attorneys Bob Owen, Mark Thibodeaux and Tracey Ledbetter for a webcast as they provide an overview of the recent history of cyber breach litigation outcomes, including ...

Video: FRCP Amendments: Fresh Approaches to Scope, Sanctions and More? (October 10, 2015)
Defense Research Institute Annual Meeting
Sutherland Partner Bob Owen presents “FRCP Amendments: Fresh Approaches to Scope, Sanctions and More?” at the Defense Research Institute Annual Meeting on October 10, 2015, in Washington, DC.

Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (September 28, 2015)
BlueCross BlueShield Association Legal Department Cooperative Cybersecurity Summit
Sutherland attorneys Bob Owen and Mark Thibodeaux present “Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions” during the BlueCross BlueShield Association Legal Department ...

News

In the News

Attorneys Eye Cybersecurity Safeguards for Litigation (March 2, 2018)
Bloomberg Law
Eversheds Sutherland Partner Robert Owen is quoted in this Bloomberg Law article discussing the need for attorneys to safeguard sensitive information for clients as a result of recent data breaches ...

Cybersecurity Insurance is a 'Must Have' for Law Firms (November 1, 2016)
ABA Journal
Sutherland Partner Robert Owen is quoted in this ABA Journal article discussing the importance of law cybersecurity insurance for law firms. In the first quote, there is an extra space after the ...

DC Federal Judge Dismisses Data Breach Class Action for Lack of Standing (August 17, 2016)
Bloomberg Law
Sutherland Partners Matt Gatewood and Robert Owen are mentioned in this Bloomberg Law article for representing the defendant health insurer in Chantal Attias et al. v. CareFirst, Inc. et al. On ...

Data Breach Case Against Health Insurer Dismissed for Lack of Standing (August 10, 2016)
Law360
In this article published by Law360, Sutherland Partners Matt Gatewood and Robert Owen are mentioned for representing the defendant health insurer in Chantal Attias et al. v. CareFirst, Inc. et ...

From Student to Master: E-Discovery Education Comes to the Forefront (April 26, 2016)
Legaltech News
Partner Robert Owen is quoted in this Legaltech News article regarding the lack of formal education on e-discovery at law schools. “Many students are struggling to learn how e-discovery-related ...

Law Firm Data Hack Attack, Part II (April 18, 2016)
Law Practice Today
In an article published by Law Practice Today, Sutherland Partner Robert Owen joined law firm leaders and cybersecurity practitioners in the second part of a roundtable discussion on the ...

Law Firm Data Hack Attack, Part I (April 15, 2016)
Law Practice Today
In an article published by Law Practice Today, Sutherland Partner Robert Owen joined law firm leaders and cybersecurity practitioners in a roundtable discussion on the vulnerabilities of law firms to ...

The Electronic Discovery Institute Announces the Inaugural EDI Summer Meeting (April 6, 2016)
Electronic Discovery Institute
Partner Robert Owen is quoted in an Electronic Discovery Institute (EDI) press release regarding its inaugural Summer Meeting on June 22, 2016, which will focus on cross-border challenges under the ...

Judge Scheindlin Praised for Foresight in E-Discovery (March 25, 2016)
Legaltech News
Partner Robert Owen is quoted in this Legaltech News article regarding Southern District of New York Judge Shira A. Scheindlin’s retirement from the bench and her reputation in the e-discovery field. ...

New Rules Should Foster New Legal Culture (March 3, 2016)
Bloomberg Law - Digital Discovery & e-Evidence
Partner Robert Owen is quoted in this Bloomberg Law article regarding the recently amended Federal Rules of Civil Procedure, which were designed to create a “more just and efficient judicial system.” ...

Press Releases

Eversheds Sutherland Opens Chicago Office (May 29, 2019)
CHICAGO-Eversheds Sutherland today announced the opening of a Chicago office, the first new US office since the combination of Eversheds and Sutherland Asbill & Brennan in February 2017. Chicago ...

19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

Acritas Stars Recognizes 22 Eversheds Sutherland Attorneys for Outstanding Client Service (March 20, 2019)
Eversheds Sutherland is pleased to announce that 22 attorneys have been recognized as stand-out lawyers in the 2019 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...

Five Eversheds Sutherland US Attorneys, Two US Practices Recognized in 2019 Edition of Chambers Global (February 14, 2019)
Eversheds Sutherland is pleased to announce that five attorneys and two practices earned recognition in the 2019 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers Global is ...

Seven Eversheds Sutherland Attorneys Named 2018 New York Metro Super Lawyers and Rising Stars (September 13, 2018)
NEW YORK-Eversheds Sutherland (US) LLP is pleased to announce that six attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. Additionally, one attorney ...

19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...

Eversheds Sutherland Launches BreachLawWATCH Mobile App (March 27, 2018)
Eversheds Sutherland is pleased to announce the release of BreachLawWATCH, a unique mobile app that provides easy, consistent access to data breach statutes across the United States and a growing ...

Four Eversheds Sutherland US Attorneys, Three US Practice Areas Recognized in 2018 Edition of Chambers Global (February 15, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that four attorneys and three practices earned recognition in the 2018 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers ...

Electronic Discovery Institute Publishes The Federal Judges’ Guide to Discovery (November 3, 2017)
NEW YORK-Eversheds Sutherland is pleased to announce the publication of The Federal Judges’ Guide to Discovery, a manual that provides judges with important discovery and e-discovery concepts ...

Nine Eversheds Sutherland Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars (September 20, 2017)
NEW YORK-Eversheds Sutherland is pleased to announce that five attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers . Additionally, four attorneys have ...

Multimedia

Videocast: How to Handle a Hack (July 18, 2017)
Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and ...

Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...

Webcast: Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (November 17, 2015)
Please join Sutherland attorneys Bob Owen, Mark Thibodeaux and Tracey Ledbetter for a webcast as they provide an overview of the recent history of cyber breach litigation outcomes, including ...

Video: FRCP Amendments: Fresh Approaches to Scope, Sanctions and More? (October 10, 2015)
Defense Research Institute Annual Meeting
Sutherland Partner Bob Owen presents “FRCP Amendments: Fresh Approaches to Scope, Sanctions and More?” at the Defense Research Institute Annual Meeting on October 10, 2015, in Washington, DC.

Webcast: Real Life Minority Report ? - Insurers Grapple With Big Data's Implications (January 13, 2015)
The future that Tom Cruise lived in - where criminal behavior was predicted and stopped before it happened - may be closer than many people realize. Predictive analytics, driven by our constant ...

Videocast: How to Control Risk & Cost of eDiscovery (July 18, 2014)
Electronic discovery drives a predominant amount of cost and risk in today’s litigation. Although proposed amendments to the Federal Rules of Civil Procedure will help, there are at minimum four ...

Videocast: Preserving the Attorney-Client Privilege: Dos and Don’ts for In-House Counsel (April 30, 2013)
As in-house counsel increasingly wear many hats and perform non-legal functions, courts have started to closely scrutinized documents withheld by in-house counsel on privilege grounds. This videocast ...

Awards and Rankings

“Bob Owen is “a highly-regarded e-discovery specialist, who wins market approval as ‘a stellar guy with a great reputation.’” -Chambers and Partners

Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2019)

Recognized by The Legal 500 United States as a “Leading Lawyer” in e-discovery (2019)

Selected for inclusion in Expert Guides (2018)

Named to the Who’s Who Legal Litigation guide in the area of E-Discovery (2016-2017)

Recognized in the Guide to the World’s Leading Practitioners in Litigation and Product Liability (2016)

Recipient, Al Cortese Award, Lawyers for Civil Justice (2015)

Recipient, BTI Client Service All-Star, one of 318 client-nominated honorees nationally (2011)

Recognized as an Outstanding Contributor by Lawyers for Civil Justice (2011)

Recognized by Chambers Global: World’s Leading Lawyers for Business as a Leading Individual nationally in the area of Litigation: eDiscovery, Band 1 (2010-2019)

Recognized by The Legal 500 United States in the areas of e-discovery (2019) and technology, data protection and privacy (2010)

Recognized by Chambers USA: America’s Leading Lawyers for Business as a Leading Individual nationally in the area of Litigation: eDiscovery, Band 1 (2009-2019)

Selected as a Leading Lawyer, competition and antitrust, Guide to World’s Leading Lawyers (2007)

Selected for inclusion in New York Super Lawyers (2006-2012, 2014-2018)

Recognized as a Top Commercial Litigation Lawyer, Corporate Counsel magazine (2006)

Named to The Best Lawyers in America in the area of commercial litigation (2005-2019)

Areas of Practice (11)

  • Litigation
  • Financial Services Litigation
  • Class Action Defense
  • Securities & Corporate Governance
  • Alternative Dispute Resolution
  • Insurance
  • Crisis Management
  • Cybersecurity & Privacy
  • International Arbitration
  • Complex Business Litigation
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
University Attended:
Northwestern University, B.A.
Law School Attended:
University of Pennsylvania Law School, J.D., cum laude
Year of First Admission:
1974
Admission:
U.S. District Courts for the District of Columbia; U.S. District Court for the Northern District of Oklahoma; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Northern District of New York; U.S. District Court for the Central District of Illinois; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. District Court for the Southern District of New York; U.S. District Court for the Eastern District of Texas; U.S. Tax Court; U.S. District Court for the District of Nebraska; U.S. Court of Appeals for the Fifth Circuit; U.S. District Court for the Eastern District of New York; U.S. District Court for the Western District of New York; U.S. District Court for the Western District of Texas; U.S. Court of Appeals for the Fourth Circuit; New York; U.S. Supreme Court; U.S. Court of Appeals for the Eighth Circuit
Memberships:

Professional Activities

President, Electronic Discovery Institute (EDI)
Board Member, Advisory Board of the Georgetown Law Advanced eDiscovery Institute
Conference co-chair, The Sedona Conference Complex Litigation Conference on The Future of Civil Litigation, Phoenix (April 8-9, 2010)
Conference Chairman, The Masters Conference: Security, Privacy and Compliance Within Corporate Litigation, Washington, D.C. (October 3-5, 2011)
Member, Editorial Advisory Board, Law Technology News, American Law Media publication (2010 to present)
Senior Contributing Editor, Working Group 1 (Managing Information and Records in the Electronic Age), The Sedona Conference
Member, New York City Bar Association
Member, Federal Bar Council (Second Circuit)
Member, Litigation Advisory Board for Bloomberg Law

Birth Information:
St. Louis, Missouri, 1948
ISLN:
904640111

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (27)

Documents by this lawyer on Martindale.com

Affiliations

NITA

New York, New York

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