Jerami D. Kemnitz
Assistant: Ramona Wulff, 612.492.7812
“I have been a client and I understand their challenges. I use this experience to help clients develop practical solutions to the complex legal problems they manage on a daily basis.”
Jerami is a pioneer in the development of global information law practice teams to address evolving electronic discovery, data privacy, information governance and data protection challenges.
A seasoned litigator with over 20 years of private practice and in-house experience, Jerami is uniquely qualified to advise companies and their legal teams in the development of strategic and tactical e‑discovery, privacy and security solutions, as well as the creation and implementation of operating models, protocols, policies and procedures to enable clients to balance risk management, compliance and costs in the most efficient way possible.
Prior to joining Fredrikson & Byron, Jerami served as the Global Head of eDiscovery for Wells Fargo, where he was responsible for managing the preservation, collection, review and production of all business divisions’ electronic data and handling case management for the firm’s litigation and investigations docket. He also coordinated the bank’s privacy and confidentiality management within the context of e‑discovery, handled audit practice and procedures, managed outside and in-house counsel as it related to these matters, and oversaw vendor relationships and internal e‑discovery services.
Previously, Jerami served as outside counsel – most recently at Shook Hardy and Bacon where he was Of Counsel and the founder and chair of the firm’s International Discovery and Data Privacy Team, and before that, as a partner for an e‑discovery boutique law firm. He has advised Fortune 500 companies on e‑discovery and information use issues, including litigation readiness planning and post-litigation response issues. Highly experienced in the navigation of foreign data protection and privacy laws, Jerami is particularly adept at finding practical solutions to the cross-border challenges facing today’s multi-national clients, while minimizing future risk and cost. His efforts have focused on issues in EMEA (France, Germany, Switzerland, Spain, United Kingdom, Russia), APAC (Hong Kong, India, China, Japan) and the Americas (Mexico, Canada, Brazil).
Jerami is an active member of leading industry groups, including the Sedona Conference and the Electronic Discovery Institute. He is a thought leader on international e‑discovery and data privacy issues and a frequent speaker on these topics.
Jerami has over 20 years of experience as both outside and in-house counsel, where he has guided, developed and led the implementation of e-discovery, data privacy and cybersecurity strategies and operations to ensure compliance, manage risk and control costs in the context of litigation, regulatory investigations, corporate reorganizations and business transactions, including:
E-Discovery Strategy & Advocacy
- Served as Senior Discovery Counsel and Global Head of eDiscovery for Wells Fargo, primarily responsible for executing and managing the global e-discovery strategy and operating models for the organization.
- Developed and implemented litigation readiness and response protocols, including the creation of policies and processes pertaining to the retention, preservation, search, review, production and destruction of ESI.
- Cultivated affirmative tactics for obtaining and protecting relevant information, subject to data privacy and security requirements.
- Advised internal and external counsel and line of business executives for Fortune 100 companies on the preservation, collection, review and production of electronic data as part of larger case management plans for the litigation and investigations docket.
- Developed, implemented and managed cost estimation and savings calculation tools to more effectively quantify, measure and report spend and savings metrics for e-discovery.
- Provided counsel on audit practice and procedures for outside and in-house counsel and third party providers as related to e-discovery, data privacy and data security.
- Seconded in-house as Head of Global eDiscovery for Fortune 100 client with primary responsibility for: management of e-discovery operations and implementation of relevant policies, procedures and technology initiatives; assessment of future needs within scope of operating model; advice to in-house and outside litigation counsel on various e-discovery issues; coordination with IT and other cross-divisional stakeholders on e-discovery, information governance, data security, data privacy and data protection.
- Served as legal advisor to the Chief Data Office for Fortune 100 company to manage the legal risk associated with information governance initiatives, including drafting enterprise data governance charters, policies and implementation plans.
Data Privacy & Cybersecurity
- Founded and led SHB International Discovery and Data Privacy team, advising Fortune 500 clients on a wide variety of e-discovery, information governance, international data protection and data privacy issues in connection with foreign and domestic government investigations and civil litigation matters, including development of governance documentation, implementation of litigation readiness and response protocols, guidance on cross-border data transfers, data collection and processing and discussions with data protection authorities.
- Managed team responsible for preservation, collection, processing, review, production and release of data from EU, APEC, Latin & South America and the Middle East as sought in United States litigation and regulatory investigations.
- Created information use protocols and procedures for data security, breach assessment, third party hosting, cloud computing, data migration/remediation, archiving and defensible deletion.
- Represented corporate clients from major business sectors in complex litigation in state and federal courts, including attorney general actions, class actions and multidistrict litigation.
- Managed all phases of litigation, including budgeting, depositions, discovery, pleadings/briefs, witness preparation, hearings (pre-trial and evidentiary), settlement negotiations, arbitrations and trials.
- Advised in-house and outside counsel on strategic and tactical approaches to preservation, collection, search and review in connection with actual and anticipated litigation and investigations.
Pro Bono Representation
- Co-lead Pro Bono Adoption Practice Group, supervising team of attorneys who represented petitioners in over 900 adoptions
- Personally handled over 50 adoptions and assisted in appointment of guardians for disabled children.
- Provided legal and financial advice as board member of nonprofit children’s advocacy and abuse prevention center, addressing abuse and neglect through education, advocacy, forensic, medical and mental health services.
Articles & Presentations
January 27, 2017
Courts are starting to recognize that “texting has become the preferred means of communication.” In re Pradaxa Prods. Liab. Litig., 2013 WL 6486921, at *18 (S.D. Ill Dec. 9, 2013). Indeed, one survey found that 80 percent of people use texting for business and 15 percent of people surveyed indicated that over half of their text messages were related to business. . Moreover, “80 to 90 percent of all companies have some instant messaging in use by employees,’ and 80 percent of that IM activity takes place over external programs.’” Seth A. Northrup & Li Zhu, Let’s Chat About the Legal Risks of Instant Messaging, Corporate Counsel, March 14, 2014 (citation omitted).Read More
Proposed Amendments to Federal Rule of Evidence 902 Will Impact Collection of Electronically Stored Information
January 27, 2017
To establish that an item of evidence is authentic, a proponent must produce sufficient evidence “to support a finding that the item is what the proponent claims it is.” Fed. R. Evid. 901(a). Rule 901(b) of the Federal Rules of Evidence sets forth examples for establishing that the evidence is authentic, such as the testimony of a witness with knowledge.Read More
PUBLICATIONS & PRESENTATIONS
- Moderator, “Discovery Liaison: ESI Protocol, Protective Orders & the ESI Deposition,” Electronic Discovery Institute Leadership Summit, Marana, AZ, October 2017
- Presenter, “U.S. Discovery Law is More Than Aerospatiale,” ABA Cross Border Institute: The Interplay between E.U. Data Protection and U.S. Discovery, Munich, Germany, July 2017
- Presenter, “How Do You Manage Cross Border Discovery With Your Opponent and the Court? Rule 26(f), Rule 16, and Protective Orders,” ABA Cross Border Institute: The Interplay between E.U. Data Protection and U.S. Discovery, Munich, Germany, July 2017
- Contributing Editor, “The Sedona Conference Model Guideline for Processing and Production of Protected Data for Government and Internal Investigations” - Draft for presentation and comment at 9th Annual Sedona Conference International Programme on Cross-Border Discovery and Data Protection Laws, Dublin, Ireland, June 2017
- Moderator, “The View From the Bench: Insight From eDiscovery Judges on the Revised FRCP,” Corporate Counsel Roundtable, Minneapolis, MN, May 2017
- Moderator, “Practical Solutions to eDiscovery, Data Privacy and Cyber-Security Challenges for In-House Counsel: A Roundtable Discussion,” Corporate Counsel Roundtable, Minneapolis, MN, May 2017
- “How Many Lawyers Does it Take to Investigate Your Enterprise Data” - Open Text Lunch and Learn, Minneapolis, MN, April 2017
- “GDPR Is Coming: Are Your Data Protection Ducks Lined Up?”– The Sedona Conference Track, IPRO Innovations 2017, Phoenix, AZ, April 2017
- Contributing Editor, “The Sedona Conference International Principles on Discovery, Disclosure & Data Protection in Civil Litigation (Transitional Edition),” January 2017
- Contributing Editor, “The Sedona Conference Practical In-House Approaches for Cross-Border Discovery & Data Protection,” June 2016
- “Business Intelligence - Metrics and Reports to Meet Obligations,” The 5th Annual Electronic Discovery Institute (EDI) Leadership Summit, New Orleans, Louisiana, October 2015
- “Handling International Investigations,” The Government Investigations and Civil Litigation Institute (GICLI) Annual Meeting, New Orleans, Louisiana, October 2015
- “Information Governance Considerations in the Asia Pacific Region,” The 7th Annual Sedona Conference International Programme on Cross-Border Discovery & Data Protection Laws, Hong Kong, June 2015
- “A Dialogue on Practical In-House Approaches to Cross-Border Discovery & Data Protection,” The 7th Annual Sedona Conference International Programme on Cross-Border Discovery & Data Protection Laws, Hong Kong, June 2015
- “Managing Expectations: The SEC & FTC Target InfoSEC Compliance,” RSA Conference, San Francisco, California, April 2015
- “Global: Around the World in Less than 80 Minutes – Delivering Successful eDiscovery Projects Across the Globe,” LegalTech, New York, New York, February 2015
- “E-Discovery Challenges in Government Investigations and Regulatory Inquiries,” LegalTech, New York, New York, February 2015
- “Private Conversations – International eDiscovery and Data Privacy,” Dorsey & Whitney CLE, Minneapolis, Minnesota, January 2015
- “Practical Tips for Working with the Government in an Investigation,” Association of Corporate Counsel, WMACC, Washington D.C., December 2014
- “Practical In-House Approaches to Cross-Border Discovery & Investigation,” The Sedona Conference All Voices Meeting, New Orleans, Louisiana, November 2014
- “The Data Syndrome: Collecting & Extracting Data from Challenging Jurisdictions,” The 4th Annual Electronic Discovery Institute (EDI) Leadership Summit, Fort Lauderdale, Florida, October 2014
- “Proportionality and the Law,” E-Discovery Practice Scenarios: Counseling, Negotiation, and Litigation CLE, New York, New York, September 2014
- “Legal Implications of New Technology,” 2014 Leadership in Legal Technology, Argyle Executive Forum, New York, New York, July 2014
- Dialogue Leader - 6th Annual Sedona Conference International Programme on Cross-Border Discovery & Data Protection Laws, London, U.K., June 2014
- “Responding to U.S. Government Investigations,” The 2nd Annual eDiscovery and Records Management Forum, Seoul, Korea, April 2014
- “Developments in Cross-Border eDiscovery – Exploring the Intersection of Privacy, Data Sharing and Compelled Disclosure,” Third Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, Arizona, March 2014
- “Mission Impossible: Can Organizations Address the Challenges of Data Security, Privacy, and eDiscovery in the age of BYOD?” LegalTech, New York, New York, February 2014
- “Legal Holds: A Primer,” San Francisco Chapter, Women In e-Discovery, San Francisco, California, November 2013
- “The Ethical Nexus of Technological Competence and E-Discovery,” American Law Institute CLE Webinar, November 2013
- “Predictive Coding: A Primer,” Institute of Continuing Legal Education in Georgia’s E-Discovery Program, Atlanta, Georgia, November 2013
- Co-author, “China Data Privacy and Discovery Overview,” The Sedona Conference® Working Group 6 Paper, June 2013
- “Practical Application of The Sedona Conference International Principles - In-House Perspective,” The Sedona Conference® 5th Annual International Programme on Cross-Border Discovery & Data Privacy, Zurich, Switzerland, June 2013
- “New Issues in Predictive Coding,” 14th Annual Convention on Artificial Intelligence and Law, Rome, Italy, June 2013
- “International Trends & Their Impact on Discovery: Data Privacy & Protection,” Carmel Valley eDiscovery Retreat, Carmel, California, May 2013
Honors & Education
- University of Minnesota Law School, J.D., 1995
- University of St. Thomas, B.A., 1991, cum laude
- Colorado, 1995
- Minnesota, 1995
- Missouri, 1998
- The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1)
- The Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure (WG6); Middle East Sub-Committee Co-Chair
- The Sedona Conference® Diversity Committee, Attraction Sub-Committee Chair
- International Association of Privacy Professionals (IAPP)
- American Bar Association (ABA)