Mass High Tech

Ropes & Gray names e-discovery counsel

by Ryan McBride
July 25, 2008

Scraping evidence from the innards of computer hard drives is no longer just part of business litigation at the Boston office of law firm Ropes & Gray LLP — it has become a full-time job. Specifically, it is Shannon Capone Kirk’s job.

Kirk joined Ropes & Gray’s Boston office July 15 as the firm’s first lawyer designated as “e-discovery counsel.” The firm’s hiring of Kirk indicates that electronic records discovery is playing a larger role in corporate litigation and may be advancing from niche to mainstream status.

“I think for Ropes & Gray it’s just a recognition of the importance of technology and its significant impact on litigation,” Kirk said.

For technology law firms, particularly, e-discovery has made a huge impact in the outcome of cases. Take, for example, the recent patent-infringement lawsuit wireless communications firm Qualcomm Inc. mounted against industry competitor and fellow California-based company Broadcom Corp., which successfully defended itself through the e-discovery of thousands of Qualcomm e-mails that essentially cleared Broadcom of all charges.

Kirk, who previously headed e-discovery for law firm Ungaretti & Harris in Chicago, plans to advise fellow attorneys at Ropes & Gray on e-discovery as well as clients of the firm. She was unaware of other firms in the Hub with full-time e-discovery counsels, yet said she knew of at least a few across the country.

Some major players in innovation sectors have hired internal attorneys to focus on e-discovery, said Kirk, noting that New York-based drug company Pfizer Inc. and Internet search giant Google Inc. are some well-known examples.