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Christian E. Dodd

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As Hickey Smith Dodd’s Legal Operations Partner, Christian Dodd is responsible for the design, development, implementation and execution of the firm’s unique legal services delivery model. He oversees the development, testing and maintenance of the firm’s proprietary legal workflows, checklists, automated document assembly templates and case assessment tool.  He also oversees the identification, collection and analysis of matter-specific data collected throughout the lifecycle of each firm matter.  This data is utilized for continuous process improvement and to provide actionable business insight to firm clients.

Prior to joining Hickey Smith Dodd, Christian practiced law in the large law firm environment, most recently as a Partner with Akerman LLP, and prior to that with Winston & Strawn. His practice is focused on complex commercial and business litigation, intellectual property matters, government investigations and electronic discovery and information governance issues. Christian’s experience covers a broad spectrum ranging from simple contract and B2B disputes to consolidated multi-district litigation and bet-the-company litigation. He has extensive experience managing the electronic discovery lifecycle in the context of both small- and large-scale litigation and government investigations. Christian draws on this experience to devise strategies and legal workflow processes to improve efficiencies and reduce the costs of litigation.

Representative Matters

  • Representation of a medical transcription provider involving investigations by the DOJ and SEC, and defending a number of nationwide class actions against the provider that alleged, among other things, violations of RICO and securities fraud.
  • Representation of a manufacturer of infant formula products in a nationwide consumer class action asserting fraud, consumer protection, and warranty claims.
  • Representation of a national franchisor of automotive products in a consumer class action brought against the franchisor for the acts of the franchisee under a theory of ostensible agency.
  • Representation of a broker and issuer of travel insurance in a consumer class action asserting consumer protection claims.
  • Representation of a military defense contractor in False Claims Act litigation concerning military aircraft.
  • Counseling of municipality in class action litigation challenging imposition of business license tax.
  • Representation of medical device manufacturers in patent licensing and infringement actions.
  • Representation of a debt acquisition and collections agency in class action litigation alleging violation of the FDCPA.
  • Representation of state Attorney General’s Office in litigation involving charitable trust with assets valued at several billion dollars.
  • Representation of technology solution provider in dispute concerning rights and obligations of provider and programmer under software development agreement.
  • Representation of domain name registrar in trademark and anti-cybersquatting dispute.
  • Representation of overseas power plant developer in dispute concerning the proposed development of a $1.2 billion coal-fired power plant.
  • Representation of a therapy and rehabilitation services provider in a dispute concerning the alleged breach of a non-disclosure agreement and unlawful interference with contractual relations.

Published Work and Lectures

  • Masters Conference, Moderator, “Cybersecurity, eDiscovery, and Your Outside Counsel: What you don’t know CAN hurt you,” October 2016

  • Strafford Publications, Speaker, “Leveraging Metadata as Evidence and Avoiding Inadvertent ESI Disclosure in Litigation,” June 2016

  • Ing3nious Southeast eDiscovery & Information Governance Retreat, Moderator, “Overcoming Objections to Utilizing TAR,” May 2016

  • Florida State Bar Annual Convention, Speaker “Ethics, e-Discovery and Emerging Technologies,” June 2015

  • Association of Certified E-Discovery Specialists, Jacksonville Chapter, Speaker, “Electronic Discovery In Your Courtroom,” Continuing Judicial Education Seminar, May 2015

  • Jacksonville Bar Association, Commercial Litigation Committee, Co-Moderator, “Emerging Trends in E-Discovery,” November 2014

  • Jacksonville Bar Association, Commercial Litigation and Construction Law Committees, Speaker, “e-Discovery Practice Pointers: Tips From The Trenches,” March 2014

  • Jacksonville Bar Association, Annual Raymond Ehrlich Trial Advocacy Seminar, Speaker, “E-Discovery Practice Pointers,” November 2013

  • Florida Bar Annual Convention, President’s Showcase, Speaker, “New E-Discovery Amendments to the Florida Rules of Civil Procedure: E-Discovery Practice Tips and Pointers,” June 2013

  • Association of Corporate Counsel, North Florida Chapter Newsletter, “Technology-Assisted Review: Coming Age of Cost-Effective Document Review,” December 2012

  • Jacksonville Bar Association, Commercial Litigation Section Committee, Speaker, “Florida’s New E-Discovery Rules,” November 2012

  • GCI Magazine, Co-Author, “The ‘Reasonable Consumer’s’ View of Green Labels—Lessons From Two Greenwashing Cases,” March 2012

  • Executive Counsel, Co-Author, “Out-of-Court Settlement Programs Can Avert a Class Action,” October/November 2011

  • HAPPI, Co-Author, “Courts Give Guidance on Greenwashing Claims,” October 2011

  • Winston & Strawn LLP, eLunch Briefings, Speaker, “Effective but Often Overlooked Strategies for Defeating Class Certification,” September 2011

  • California Lawyer, Co-Author, “Class Actions After Tobacco II,” August 2011

  • Bloomberg Law Reports, Co-Author, “Defeating Class Certification through Superior Out-of-Court Settlement Programs,” July 2011

  • Executive Counsel, Co-Author, “Communicating with the Putative Class,” October/November 2010

  • The Recorder, Co-Author, “Up in Smoke,” July 2009

  • Los Angeles Daily Journal, Co-Author, “Standing Straight,” June 2009

Activities and Membership

Christian is the past Chair of the Electronic Discovery and Digital Evidence Committee and a member of the Computer and Technology Law Committee of the Business Law Section of the Florida Bar, a member of the Advisory Board of the Jacksonville Chapter of the Association of Certified E-Discovery Specialists, a member of the Jacksonville Bar Association, and a member of the Litigation Section of the American Bar Association.

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David M. Hickey

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As Hickey Smith Dodd’s Managing Partner, David Hickey is responsible for monitoring and evaluating the design and implementation of the firm’s established processes, procedures, protocols, and workflows to drive continuous firm improvement. David has leveraged technology to design and implement process-based solutions to create efficiencies and reduce both systematic and assystematic risks. David has successfully managed complex legal matters in the US, South East Asia, South Asia and the UK for 25 years. Prior to joining Hickey Smith Dodd, David was an equity partner with Winston & Strawn, LLP, a litigator with Skadden, Arps, Slate, Meagher & Flom LLP, a prosecutor with the United States Air Force and a Special Assistant United States Attorney. He has first chair trial experience and has advised numerous clients in connection with “bet the company” and other crisis related situations. He has represented clients across a variety of industries.

Representative Matters

Cybersecurity & Data Privacy

  • Represented healthcare business associate in connection with data breaches involving hundreds of millions of patient records in three countries involving more than 250 subcontractors; worked with cybersecurity teams and law enforcement authorities to successfully retrieve patient records and developed safeguards and protocols to prevent future data breaches.
  • Advised Fortune 100 Silicon Valley company to develop Privacy by Design (PbD) guidelines for software and system engineers.
  • Implemented Privacy by Design techniques for user interfaces.
  • ISO 27001:2013 cybersecurity champion for three entities.

David’s domestic dispute representations include:

  • Representation of former officers and directors of a private developer accused of improper billing practices and filing false claims in connection with a $1.1 billion dollar dispute
  • Representation of former officers and directors in connection with parallel SEC and DOJ investigations and enforcement actions.
  • Representation of former officers accused of running a multi-million-dollar Ponzi scheme involving oil and gas wells and derivative instruments back by a Wall Street financial institution.
  • Defense of a former officer and director in an action for breach of fiduciary duty, fraud, and unfair competition; retained by client one month before trial and successfully resolved the matter.
  • Defense of a medical transcription company in a securities class action, derivative class action, consumer class action, employee class action, and parallel investigations by the SEC, DOJ, and Department of Labor.
  • Representation of a hedge fund in a management dispute in the Southern District of New York.
  • Representation of hedge funds and investment advisers in connection with SEC investigations, and investigations by state attorneys general.
  • Prosecution of a trade-secrets case in New York state court; obtained temporary restraining order and permanent injunction; and forced offending materials to be removed from various Web sites.
  • Representation of a Hollywood studio in a derivative class action challenging the sale of a Major League Baseball team.
  • Representation of a Wall Street financial institution in a state class action and federal receivership action involving a Ponzi scheme.
  • Defense of the special committee in a shareholder class action challenging a management buyout.
  • Defense of an investment fund manager in a dispute involving ownership of trading software and intellectual property.

David’s international dispute representations include:

  • Representation of power plant developers in connection with a partnership and expansion rights dispute involving the construction of a $1.2 billion power plant.  The dispute involved parallel litigation matters before the Southern District of New York and the Philippines and an arbitration before the AAA International Centre for Dispute Resolution.  Clients received more than $25 million in settlement.
  • Representation of a Middle East-based subcontractor in a dispute with a U.S.-based developer concerning acceptance of optical scanning equipment.
  • Evaluated more than a dozen legal process outsourcing firms located in India and the Philippines; provided recommendations regarding training, process and workflow, integration with U.S. legal teams, and ethics.
  • Representation of a Philippine/British joint venture in construction and performance disputes regarding the development of a 1000 MW power plant and a 500 MW power plant; clients were awarded more than $100 million by ICC arbitration panel and $20 million in a separate settlement.
  • Representations of Indonesia’s largest telecommunications company in a $1.3 billion dispute concerning build, operate, and transfer agreements.
  • Representation of a Philippine/French water distributor in a contract termination dispute involving the privatization of the water system serving Manila.
  • Representation of independent power producers in take-or-pay disputes with their natural gas suppliers; clients received more than $80 million in settlement.
  • Representation of an Australian off-balance sheet monetary fund in an international securities fraud action litigated in the United States, United Kingdom, and Isle of Jersey.
  • Representation of an independent power producer in Indonesia in a dispute with its principal coal supplier.

Published Works and Lectures

  • Masters Conference, Panelist, “Cybersecurity, eDiscovery, and Your Outside Counsel: What you don’t know CAN hurt you,” October 2016

  • Cybersecurity & Data Privacy Trailblazer Award, National Law Journal, December 2015

  • LegalTech New York, Speaker, “Effective Law Firm Management,” February 2014
  • India, Author, “Legal Outsourcing: Ethical and Legislative Issues,” 2013
  • Association of Corporate Counsel, Speaker, “California Electronic Discovery Act,” Los Angeles 2011
  • Inside Counsel Super Conference, Speaker, “Leveraging Technology,” Chicago, 2010
  • San Francisco Recorder, Los Angeles Daily Journal, Author, “ESI – California,” 2009
  • Los Angeles Daily Journal, Author, “ESI – California,” 2009
  • San Francisco Recorder, Los Angeles Daily Journal, Author, “Getting Into the Global Game Requires Strategy, Coordination,” 2009
  • Los Angeles Daily Journal, Author, “Commercial Break”
  • San Francisco Recorder, Los Angeles Daily Journal, Author, “No Limits,” 2009
  • Los Angeles Daily Journal, Author, “Injunction Junction,” 2009

Activities and Membership

David is a past director of the Association of Business Trial Lawyers, a judge pro tem, mediator and arbitrator. He is also a member of the California Bar Association, the American Bar Association, the American Bar Association Advisory Panel, the Los Angeles County Bar Association, the London Court of International Arbitration, and the International Bar Association.

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Howard S. Hoffmann

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As Executive Director of Hickey Smith Dodd, Howard is responsible for all of the business related functions of the firm. He is a senior executive with over 35 years of financial, operational and general management experience in a wide range of industries. Howard serves as a non-voting member of the firm’s Executive Committee.

He has extensive experience in driving operational efficiencies through the use of disciplined processes enabled by technology, implementing financial, accounting and security controls and procedures, and fostering high performing cultures, both domestically and internationally. During his career, Howard has also helped companies navigate through complex litigation (single plaintiff, class action and government) and government investigation matters.

Howard is also Chief Executive Officer for EXTEND Resources, a professional services and solutions company specializing in business and legal process optimization, eDiscovery, contract management, and cybersecurity.

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