International eDiscovery: Foreign Discovery Requirements

David C. Shonka is the Principal Deputy General Counsel at the Federal Trade Commission. He has twice served as the agency’s Acting General Counsel (January – June 2009 and October 2012 – June 2013). In that position, he has been the agency’s chief legal advisor. In both roles, he oversees the Office of the General Counsel’s Litigation, Legal Counsel, and Opinions & Analysis groups, as well as the agency’s FOIA, employer-employee, and Energy Counsel staff. In addition to these roles, Mr. Shonka is a member of the Administrative Conference of the United States; and serves on the ACUS Committee on Judicial Review and on the Council of Independent Regulatory Agencies. Mr. Shonka is also a member of the Sedona Conference and serves on the Steering Committee for Working Group 1 (e-discovery and electronic records).

He has previously served as the agency’s Assistant General Counsel for Litigation. Before joining the FTC as a staff attorney, Mr. Shonka was an associate in a Washington D.C. law firm and a litigator in the Civil Division of the United States Department of Justice. In his career at the FTC, Mr. Shonka has advised the Commission on the full range of issues with which it deals, tried and argued competition and consumer protection cases in the federal district courts; tried cases in administrative proceedings, represented the Commission in appellate cases; and contributed to the government’s briefs in several Supreme Court cases.

Mr. Shonka frequently speaks at consumer finance, competition, privacy, and e-discovery conferences, both in the United States and abroad. He has also served as an instructor in various trial advocacy courses, and represented the Commission in several technical assistance missions abroad. He received his JD from the University Of Maine School Of Law in 1972; and his B.A. degree from the University of Nebraska, where he majored in English and economics.

Dominic is a partner in KPMG’s Forensic Practice, focusing on supporting organisations’ Information Management (IM) and eDiscovery (EDD) requirements. Dominic teaches e‑commerce and Internet law at the University of Montreal/HEC and is a guest speaker on privacy, legal technology, IT law, cross-border data flow, information management and eDiscovery at different North American universities and international conferences, such as LegalTech, the ABA Techshow, ILTA, the Masters, the eDiscovery Institute and LegalIT. Dominic has been recognized by Who’s Who Legal as one of Canada’s leading lawyer in e-commerce, privacy and Internet law.

Prior to joining KPMG, Dominic was the CEO of the Canadian Centre for Court Technology and the president of Ledjit Consulting, Canada’s leading IM and EDD firm, which was acquired by KPMG. Before founding Ledjit, Dominic was an in-house counsel at Bell Canada where he focused on eDiscovery, IT and complex litigation. Previously, he worked as a commercial litigator in one of Canada’s largest law firm.

Dominic was involved in the development of many international standards and best practices regarding IM, EDD as well as law and technology. He is on the editorial of Sedona Canada and is an active member of other working groups. He has supported a number of multinational organizations in the assessment of their IM and EDD capacity, in the development and implementation of IM and EDD strategy, policy and technology, and in-sourcing all phases of the Electronic Discovery Reference Model.

Jon focuses his practice on complex litigation and is Chair of the firm’s Electronic Information Group, which oversees U.S. and cross-border electronic discovery and information management. He has represented U.S. and multinational clients from a variety of industries in U.S. state and federal trial and appellate courts in numerous jurisdictions; in arbitrations and mediations, including AAA, ICDR and JAMS; and in administrative proceedings and investigations, including before the U.S. FTC, U.S. DoJ, U.S. SEC, U.S. TTAB, WIPO, and several state attorneys general.

Jon also regularly counsels clients on a range of information risk issues, including records management, privacy, data security, consumer protection, litigation preparedness, intellectual property, technology, domain names and the Internet, and insurance coverage. He publishes and speaks on topics involving U.S. and international issues affecting litigation, electronic discovery, data protection and other information risks.