People: Patrick J. Burke, Counsel

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Patrick J. Burke

Counsel

New York
Direct: (212) 218-5282
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Patrick Burke is counsel in the Litigation department of Seyfarth Shaw LLP, and practices in the eDiscovery and Information Governance group. Patrick counsels clients on electronic discovery, digital investigations and evidence, information governance, data privacy, records management and cybersecurity risk, with a particular focus on cross-border electronic discovery and disclosure, European Union data protection and employee privacy.

Patrick advises clients regarding defensible identification, preservation, collection, processing, analytics, review and production of electronically stored information, as well as negotiations, meet-and-confer and litigating e-discovery issues. He also counsels clients on managing legal risks associated with data privacy and cybersecurity through improved awareness, upgraded corporate policies, policy enforcement and appropriate technologies.

Since earning his law degree in 1987, Patrick has practiced as a litigator at a number of international law firms as well as serving as in-house counsel at technology and e-discovery companies. He was a Senior Director and Assistant General Counsel at Guidance Software, the makers of EnCase digital investigation technology, where he served as a respected advisor to companies, government agencies and military and law enforcement organizations worldwide.

Patrick is the Executive Director of the Data Law Initiative at the Benjamin N. Cardozo School of Law in New York City, where he teaches courses on “E-Discovery, Digital Evidence and Computer Forensics” and “Information Governance Law.” He holds the Certified Information Privacy Professional/Europe (CIPP/E) certification for expertise in European data privacy from the International Association of Privacy Professionals.

Patrick is also a member of the board of advisors for Law Technology News.

Patrick Burke is counsel in the Litigation department of Seyfarth Shaw LLP, and practices in the eDiscovery and Information Governance group. Patrick counsels clients on electronic discovery, digital investigations and evidence, information governance, data privacy, records management and cybersecurity risk, with a particular focus on cross-border electronic discovery and disclosure, European Union data protection and employee privacy.

Patrick advises clients regarding defensible identification, preservation, collection, processing, analytics, review and production of electronically stored information, as well as negotiations, meet-and-confer and litigating e-discovery issues. He also counsels clients on managing legal risks associated with data privacy and cybersecurity through improved awareness, upgraded corporate policies, policy enforcement and appropriate technologies.

Since earning his law degree in 1987, Patrick has practiced as a litigator at a number of international law firms as well as serving as in-house counsel at technology and e-discovery companies. He was a Senior Director and Assistant General Counsel at Guidance Software, the makers of EnCase digital investigation technology, where he served as a respected advisor to companies, government agencies and military and law enforcement organizations worldwide.

Patrick is the Executive Director of the Data Law Initiative at the Benjamin N. Cardozo School of Law in New York City, where he teaches courses on “E-Discovery, Digital Evidence and Computer Forensics” and “Information Governance Law.” He holds the Certified Information Privacy Professional/Europe (CIPP/E) certification for expertise in European data privacy from the International Association of Privacy Professionals.

Patrick is also a member of the board of advisors for Law Technology News.

Education

  • J.D., New York University School of Law (1987)
    Award, Best Note or Comment of 1987; Activities and Societies: Note & Comment Editor, NYU Review of Law & Social Change
  • B.A., State University of New York (1980)
  • Københavns Universitet (1978)

Admissions

  • New York

Courts

  • U.S. Supreme Court
  • U.S. District Court - Eastern District of New York
  • U.S. District Court - Southern District of New York
  • U.S. Court of Appeals - Second Circuit
  • All State Courts - New York

Affiliations

  • Sedona Conference, Working Group 6 (International Electronic Information Management, Discovery and Disclosure)

Presentations

  • “Tips for Forging a Better Working Relationship between Counsel and IT to Improve Cyber-Response,” Association of Corporate Counsel (November 1, 2016)
  • "Chris Dale interviews Patrick Burke of Seyfarth Shaw on cross-border e-discovery in light of the recent Schrems decision invalidating Safe Harbor," eDisclosure Information Project (November 19, 2015)
  • "Trending Now: #CrossBorder eDiscovery," Georgetown University Law Center Advanced eDiscovery Institute (November 19, 2015)
  • "eDiscovery Intelligence: Beyond Basics," Seminar (October 2, 2014)
  • "Methodologies for Effective SharePoint eDiscovery: Don't Get Left Behind," Organization of Legal Professionals Webinar (May 13, 2014)
  • "Steps for Mobile Device Discovery Success - What Every Legal Counsel Needs to Know," C4CM Audio Conference (April 24, 2014)
  • "IG & Data Privacy Challenges for Global Corporations under U.S. Regulatory Investigations," Big Data & Information Governance UBIC Signature Seminar, presented by National Press Club (December 6, 2013)
  • "Data Privacy Issues Faced by Multinational Corporations," Strategies for Spanning the E-Discovery Divide, presented by The Union League of Philadelphia Philadelphia, PA (July 23, 203)
  • "Preserving Wild Data," New York Mini-Conference on Preservation Excellence, presented by the New York City Bar Association (April 29, 2013)
  • "What is the rest of the world doing about e-discovery? Early case/data assessment, predictive coding and advanced search technologies," LawTech Europe Conference 2012 (November 12, 2012)
  • "Litigation Readiness: Top 5 Considerations for Corporations with Operations in the US, UK and Europe," Guidnace Software Webinar (October 16, 2012)
  • "Legal Hold – What Ever Corporation Should Know," ALM Virtual Corporate Counsel Forum (July 19, 2012)
  • "Judicial Perspectives on E-Discovery, International E-Discovery: Data Protection & Cross-Border Issues," Computer Enterprise Investigation Conference 2012, Las Vegas, NV (May 22, 2012)
  • "What In-House Lawyers Should Know About Cybersecurity Risks," Guidance Software Webinar (March 15, 2012)
  • "Migrating to the Cloud: Navigating the E-Discovery Challenges," Guidance Software Webinar (January 10, 2012)
  • "Social Media Data: Practical Guidelines on Handling Discovery Issues," Association of the Bar of the City of New York (June 1, 2011)
  • "Cross-Border E-Discovery Challenges," Computer Enterprise Investigation Conference 2011, Orlando, FL (May 15-18, 2011)
  • "Collection of Electronically Stored Information: Reducing Risk and Cost Beyond eDisclosure," Information Retention & E-Disclosure Management Summit (May 9-11, 2011)
  • IQPC eDiscovery for Financial Institutions (February 14-16, 2011)
  • "International eDiscovery," Information Retention & eDiscovery Exchange (November 29-30, 2010)
  • "International E-Discovery and Data Protection," Global LPO Conference (November 12-14 2010)

Publications