M. James Daley

Partner

(913) 522-8901
jdaley@daleylegal.com
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Jim combines his over thirty years of complex litigation experience, his Masters Degree in Information Systems and his CIPP privacy certification to help global clients develop practical solutions to records management, electronic discovery and data privacy compliance challenges.

Jim serves as a trusted advisor for a wide variety of Fortune 500 clients, as was profiled in 2010 by The American Lawyer as “Who You Gonna Call” for national coordinating e-discovery counsel. Jim is also frequently selected as an Independent Expert by courts, clients and other counsel to evaluate corporate e-discovery, records management and data privacy conduct. Jim was also selected as a Missouri & Kansas Super Lawyer® in 2011. Super Lawyers® identifies the top five percent of lawyers, as chosen by their peers.

Jim and his team help clients develop and implement process and technology solutions including: data privacy and security controls; disposition of legacy electronic media and print information; e-mail archiving and electronic records management solutions; legal hold management and compliance monitoring solutions; RIM policy and procedure; RIM and legal hold training; U.S. and global records retention schedules; selection of preferred vendor panels; and litigation and regulatory compliance readiness programs, among others. Jim also helps global companies successfully navigate the risk and costs of cross-border transfers of data in business, legal and regulatory contexts, as well as cloud computing, social networking and other emerging technologies.

Jim is a frequent author and speaker on records management, e-discovery and data privacy issues. His service and publications include: Co-Chair of The Sedona Conference® Working Group Six on International Electronic Information Management, Discovery and Disclosure (2005-2012); Senior Editor of “The Sedona Conference® International Principles on Discovery, Disclosure and Data Protection” (2012); Author of “Information Age Catch 22: The Challenge of Technology to Cross-Border Disclosure and Data Privacy,” 11 Sedona Conf. J. 121 (Fall 2011); Contributing Author of the first German-language treatise on e-discovery: “E-Discovery im internationalen Rechtstriet und Datenschutz,” Erich Schmidt Verlag, Berlin (2011); Editor-in-Chief of “The Sedona Conference® Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide to Navigating the Competing Currents of International Data Privacy and E-Discovery” (2008); Senior Editor of “The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery” (2007); and Co-Editor of “The Sedona Conference® Best Practice Guidelines and Commentary for Managing Information in the Electronic Age” (2005), among others.

Industry Experience

  • Financial Services
  • Technology
  • Pharmaceutical and Medical Devices
  • Energy
  • Electronics
  • News and Entertainment
  • Food and Beverages
  • Tobacco

Education

  • J.D., University of Iowa
  • M.M.I.S. (Masters of Management Information Systems), Friends University
  • B.A., Creighton University

Professional and Technical Certifications

  • Certified Information Privacy Professional (CIPP) — International Association of Privacy Professionals (IAPP)
  • Microsoft NTFS Server Administration
  • Novell Network Administration
  • Informix Enterprise Database Programming

Honors and Awards

  • Selected as a Missouri & Kansas Super Lawyer® in Intellectual Property Litigation, Civil Litigation Defense Class Action/Mass Torts practice areas (2011)

Bar Admissions

  • State of Kansas
  • State of Missouri
  • State of Iowa
  • State of Nebraska
  • United States District Court, District of Kansas
  • United States Eighth Circuit Court of Appeals

Professional Associations

  • Co-Chair, The Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure (2005-2012)
  • Charter Member, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) (2002-2012)
  • Georgetown University Law Center Advanced e-Discovery Institute (2003-2012)
  • International Association of Privacy Professionals (IAPP) (2009-2012)
  • ARMA International (2002-2012)
  • Co-Chair, The Sedona Conference® Search and Retrieval Sciences Group

Languages

  • German

Selected Publications

  1. Senior Editor, “The Sedona Conference® International Principles on Discovery, Disclosure & Data Protection,” December 2011.
  2. Author, “Information Age Catch 22:  The Challenge of Technology to Cross-Border Disclosure & Data Privacy,” 11 Sedona Conf. J. 121 (Fall 2011).
  3. Co-Author, “Managing an HSR ‘Second Request:’ Millions of Documents in little more than a Month,” Digital Discovery & E-Evidence, Vol. 11, No. 14, July 7, 2011.
  4. Contributing Author, “E-Discovery in International Litigation and Privacy (E-Discovery im internationalen Rechtsstreit und Datenschutz),” Erich Schmidt Verlag, Berlin, February 2011.
  5. Co-Author, “The Practical Management of Electronic Evidence (United States of America),” Chapter 7, Electronic Evidence, Lexis Nexis, (2nd Ed., 2010).
  6. Author, “Catch 22 Revisited:  Recent Developments in Cross-Border Discovery & Data Privacy,” The Sedona Conference® International Programme on Cross-Border eDiscovery & Data Privacy, Washington, D.C., September 15, 2010.
  7. Author, “Exploring Data Loss Prevention Systems for Legal Holds and E-Discovery,” ARMA International, Information Management, September/October 2010.
  8. Author, “European privacy regulators investigate “tagging” features of Facebook and Google,” Georgetown Law E-Discovery Web Archive, March 24, 2010.
  9. Quoted, “Anonymisation, the Hague Convention and US judicial notice of EU privacy protection,” The e-Disclosure Information Project, March 2, 2010.
  10. Author, “Privacy Convictions for Google Executives highlights need for Ongoing EU-US Dialogue on Data Privacy & Protection,” Georgetown Law E-Discovery Web Archive, March 1, 2010.
  11. Quoted, “Sedona Conference® WG6 presentation to Article 29 Working Party in Brussels,” The e-Disclosure Information Project, February 16, 2010.
  12. Co-Editor, “The Sedona Conference® International Overview of Discovery, Data Privacy & Disclosure Requirements,” (2009 to present).
  13. Author, “2009 U.S. and EU Conference on Cross Border Data Flows, Data Protection & Privacy,” Georgetown Law E-Discovery Web Archive, December 11, 2009.
  14. Author, “International Clash of Cultures and Law: Cross-Border E-Discovery,” Georgetown Law E-Discovery Web Archive, December 4, 2009.
  15. Author, “A Call to Dialogue: EU Article 29 Data Protection Working Party Document 158 on Discovery for Cross-Border Civil Litigation,” Georgetown Law E-Discovery Web Archive, November 10, 2009.
  16. Co-Author, “Seventh Circuit Puts Legs on the Sedona Conference® Corporation Proclamation,” Georgetown Law E-Discovery Blog, posted November 6, 2009.
  17. Co-Author, “International Restrictions on Releasing Personal Information - What Steps Your Company Needs to Consider,” The Corporate Counselor, Volume 24, No. 6, October 2009.
  18. Co-Editor-in-Chief, “The Sedona Conference® Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide to Navigating the Competing Currents of International Data Privacy and e-Discovery,” August 2008.
  19. Co-Editor, “The Sedona Conference® Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age,” (Pike & Fischer) 2005.
  20. Contributing Author, “The Sedona Conference® Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production,” January 2004.

Selected Presentations

  1. Speaker, “eDiscovery Passports and International eDiscovery in US Courts,” ESIBytes Podcast, April 19, 2012.
  2. Speaker, “Recent Legal Developments Impacting Records Management” and ”Records Management Strategies to Contain Litigation Risk and Cost,” ARMA Nebraska Spring Seminar, April 18, 2012, Omaha, Nebraska.
  3. Speaker, “Vie Privée, Privacidad, Privatsphäre, Privacy: EU Privacy Updates and Other Developments““ Exterro Webcast, March 15, 2012.
  4. Speaker, “An International View of E-Discovery,“ ACEDS Webinar, March 09, 2012.
  5. Moderator, “eDiscovery Across Many Jurisdictions,“ Georgetown Corporate Counsel International Institute, March 8-9, 2012, Arlington, Virginia.
  6. Speaker, “Top 5 Ethical Concerns for Lawyers in eDiscovery,“ Legal Tech 2012, January 30-February 1, 2012, New York, New York.
  7. Panelist, “European Data Protection: Coming of Age – E-Discovery Track,“ Computers, Privacy & Data Protection (CPDP) 5th International Conference, January 25-27, 2012, Brussels, Belgium.
  8. Panelist, “Cross Border Discovery & Data Privacy,” 7th Annual Meeting of the American College of Business Court Judges, Fairfax, Virginia, December 4-6, 2011.
  9. Moderator, “Pragmatic Practices for Resolving e-Discovery Cross-Border Conundrums,” 8th Annual Georgetown Advanced E-Discovery Institute, Arlington, Virginia, November 17-18, 2011.
  10. Co-Chair, “Digital Evidence and E-Forensics Track,” Second Annual World Congress on Forensics, Chongqing, China, October 15-18, 2011.
  11. Moderator, “Dealing with Challenges of Legal Holds: Pension Committee, Rimkus & Progeny,” Executive Counsel Institute’s E-Discovery for the Corporate Market, Houston, Texas, September 22-23, 2011.
  12. Speaker, “Privacy, Confidentiality and Privilege Issues in e-Discovery,” The Law Society of Upper Canada, Toronto, Canada, September 19, 2011.
  13. Co-Chair, Third Annual Sedona Conference® International Program on Cross-Border eDiscovery & Data Privacy, Lisbon, Portugal, June 22-23, 2011.
  14. Speaker, “Managing Personal Data in International Records Management Schedules, Discovery & Transfer,” MER Conference, Chicago, Illinois, May 24, 2011.
  15. Speaker, “E-Discovery and Ethics,” CEIC Conference, Orlando, Florida, May 18, 2011.
  16. Presenter, “Reducing Legal Cost and Risk Through Legacy Data Management,” D4 Webinar, May 12, 2011.
  17. Speaker, “Privacy Alert: Taking Action to Ensure Data Security,” “Data Privacy Meets Records Management,” “Technology Issues for Today’s Records Management,” “Technology Solutions for Today’s Records Management” and “Information Governance in the Digital Age,” GKC ARMA Spring Seminar, Kansas City, Missouri, May 11, 2011.
  18. Speaker, “Social Media – Discovery Friend or Foe?” National Webcast and Podcast, February 16, 2011.
  19. Speaker, “E-Discovery and Privacy Trends in Social Media and Cloud Computing,” Legal Tech 2011, New York, New York, January 31-February 2, 2011.
  20. Speaker, “U.S. Data Privacy and E-Discovery and Effective Use of ESI – Depos, Hearings and Trials,” Thomson Reuters 14th Annual Electronic Discovery and Records Retention Conference, San Francisco, CA, December 1-2, 2010, Chicago, IL, November 4-5, 2010 and New York, New York, October 13-14, 2010.
  21. Conference Co-Chair and Panelist, “Recent Developments in Cross-Border Discovery & Data Privacy,” “Challenges & Opportunities Presented by Advances in Technology” and “The Sedona Conference® Guidelines & Best Practices for Cross-Border Discovery, Data Processing & Transfer,” Second Annual Sedona Conference® International Programme on Cross-Border eDiscovery & Data Privacy, Washington D.C., September 15-16, 2010.
  22. Moderator, “Deal with Challenges of Litigation Holds: Pension Committee & Progeny” and “Recognize and Reconcile the Tensions between Inside and Outside Counsel,” Executive Counsel Institute’s E-Discovery for the Corporate Market, Chicago, Illinois, August 2-3, 2010.
  23. Speaker, “International E-Discovery: Data Protection, Privacy & Cross-Border Issues,” CEIC Conference, Summerlin, Nevada, May 26, 2010.
  24. Speaker, “Document Management & Litigation Risk in the Age of E-Discovery: Cautionary Tales & the Road Ahead,” ARMA, Omaha, Nebraska, May 12, 2010.
  25. Presenter, “Cross-Border eDiscovery and Data Privacy,” European Union Article 29 Working Party, Plenary Session, Brussels, Belgium, February 16, 2010.
  26. Moderator, “Form of Production and Forensic Inspection” and “Preservation,” The Sedona Conference® eDiscovery Dispute Resolution Program for Special Masters & Mediators, Phoenix, Arizona, January 28-29, 2010.
  27. Panelist, “Electronic Discovery in Civil Litigation and Cross Border Data Flows – Is it Time for a Framework of Cooperation?”, U.S./EU Safe Harbor Conference on Cross Border Data Flows & Privacy, Washington D.C., November 18, 2009.
  28. Moderator, “Clash of Laws and Cultures: Cross Border E-Discovery and International Data Management,” 6th Annual Advanced E-Discovery Institute: Identifying Today’s Problems & Tomorrow’s Solutions, Washington D.C., November 12, 2009.
  29. Speaker, “Process and Project Management: Are You Ready?” and “International E-Discovery: Stranger in a Strange Land,”13th Annual Electronic Discovery and Records Retention Conference, Chicago, Illinois, November 5-6, 2009 and New York, New York, October 7-8, 2009.
  30. Chair, “The Sedona Conference® International Programme on Cross-Border E-Discovery, E-Disclosure and Data Privacy,” Panelist, “Key Legal & Cultural Challenges to Cross-Border eDiscovery, eDisclosure & Data Transfers” and Panelist, “The Sedona Framework for Analysis of Cross-Border Discovery Conflicts:  A Practical Guide to Navigating the Competing Currents of International Data Privacy and Discovery,” Barcelona, Spain, June 10-11, 2009.
  31. Speaker, “E-Discovery in the United States,” Culture Clash! Data Protection, Freedom of Information and Discovery – How to Protect Your Business in Transnational Disputes, DRI Europe, Munich, Germany, May 13-14, 2009.
  32. Speaker, “Privacy and Data Security in the U.S.,”DRI Electronic Discovery Seminar, New York, New York, May 7, 2009.
  33. Panelist, “Getting Ahead of the eDiscovery Curve: Strategies to Reduce Costs & Meet Judicial Expectations,” The Sedona Conference® Institute, Philadelphia, Pennsylvania, March 26-27, 2009.
  34. Panelist, “International, Part I: The Perils and Pitfalls of Transnational Electronic Discovery” and “Reacting to the Changing American Workforce and Workplace, Part II: Reconciling the Generational Divide, Cultural Diversity & Religious Issues,” Georgetown’s 13th Annual Corporate Counsel Institute, Washington, D.C., March 12-13, 2009.
  35. Speaker, “Navigating the Rapids of International E-Discovery,” National Podcast, BNA, March 9, 2009.
  36. Speaker, “Information and Knowledge Management: Getting your Electronic House in Order before Litigation Strikes,” “Identifying and Working with Special Masters, Neutral Experts and Expert Witnesses,” “Document Review: The Care and Feeding of Contract Attorneys and Other Thorny Issues,” “E-Discovery Special Masters, Neutrals and Court Technology Experts” and “Containing the Costs of Document Review,” West Legal Works, Electronic Discovery and Records Retention Conference, Los Angeles, California, February 26-27, 2009.
  37. Speaker, “Controlling E-Records Management and E-Discovery Costs,” National Podcast, AIIM International, February 17, 2009.
  38. Speaker, “International Issues in E-Discovery, ”Georgetown E-Discovery Training Academy, Washington, D.C., February 12, 2009.
  39. Panelist, “Containing E-Discovery Costs: Corporate Legal Department vs. Law Firm Perspectives” and speaker, “Differing Perspectives on Emerging E-Discovery & Technology Issues,” Legal Tech, New York, New York, February 3, 2009.
  40. Panelist, “E-Discovery Strategies: Current Issues in Records Management, Litigation, Government Inquiries, and Ethics,” ALI-ABA Video Webcast Conference, Washington, D.C., January 26-27, 2009.


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