| Education | J.D., Duke University School of Law, 1977 | B.A., Philosophy, Brigham Young University, 1974 |
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| Admitted to Practice | - U.S. Court of Appeals, Tenth Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the District of Utah
- Supreme Court of the United States
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|  | David K. Isom | Download vCard | Shareholder | | isomd@gtlaw.com
Direct: 303.685.7404
Direct Fax: 720.904.6104 | Denver
1200 17th Street
Suite 2400
Denver, CO 80202
T 303.572.6500
F 303.572.6540 | | |
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David K. Isom is Co-Chair of Greenberg Traurig's national e-Discovery & e-Retention Practice Group. David consults throughout the country on electronic discovery and electronic document retention. David has experience in large commercial litigation, both as lead trial counsel and as electronic discovery counsel. He has handled cases with a combined total of more than $5 billion at stake. David has published numerous articles on electronic discovery and depositions, including recently, "Electronic Discovery Primer for Judges," http://fclr.org/2005fedctslrev1.htm, and has presented at seminars on electronic discovery, electronic document retention, information security, and ethics throughout the United States. |
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| Areas of Concentration | - Electronic Discovery and Document Retention
- Commercial Litigation
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| Significant Representations |
- Consulted with numerous companies regarding electronic document retention, data privacy, and electronic discovery.
- Defended a billion dollar claim against a major coal producer for alleged overpricing under long-term coal supply agreements.
- Provided advice to trial counsel regarding authenticity of Internet evidence in a major criminal prosecution under the USA Patriot Act.
- Consulted with a major litigation support services company about implementation and legality of concept search technology for privilege review in litigation.
- Obtained a $20 million jury verdict for breach of a coal supply agreement and interference with contract. Thunder Basin Coal Company v. Southwestern Public Serv. Co., 104 F.3d 1205 (10th Cir. 1997).
- Consulted as an invited participant with the Federal Judicial Conference Advisory Committee on Civil Rules concerning proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery.
- Represented plaintiffs in toxic tort claims alleging that chemicals caused non-Hodgkins lymphoma. Ruff v. Ensign-Bickford Industries, 168 F. Supp. 2d 1271, 171 F. Supp. 2d 1226 (D. Utah 2001).
- Represented a major coal company and a consortium of coal buyers in arbitrating coal royalty rates with Indian tribes.
- Represented a nationwide class in a class action under ERISA relating to a retirement savings plan. In re Ikon Office Solutions, Inc., 194 F.R.D. 166 191 F.R.D. 457, 86 F. Supp.481 (E.D. Pa. 2000).
- Prosecuted and defended several actions to adjudicate issues relating to price, force majeure, quality and royalties under various long-term coal supply agreements. E.g., Beaver Creek Coal Company v. Nevada Power, 1988 U.S. Dist. LEXIS 16116 (D. Utah).
- Represented the plaintiff in a qui tam action for alleged false claims under the Medicare Act. U.S. ex rel. Sikkenga v. Regence BlueCross BlueShield, 334 F. Supp. 2d 1278 (D. Utah 2004).
- Other Reported Cases:
- Desktop Direct v. Digital Equipment Corporation, 993 F. 2d 755 (10th Cir. 1993).
- Beaver Creek Coal Company v. Nevada Power Company, 1998 U.S. Dist. LEXIS 16116 (D. Utah 1988)
- Amoco Production Company v. United States, 663 F. Supp. 998 (D. Utah 1987)
- Eisenman Chemical Company v. NL Industries, Inc., 595 F. Supp. 141 (D. Nev. 1984)
- Stegall v. Stegall, 756 P. 2d 384 (D. Colo. 1987)
- Widdifield v. Robertshaw Controls Company, 671 P. 2d 989 (Colo. App. 1983)
- Franklin v. Stevenson, 987 P. 2d 22 (Utah 1999)
- Utah Medical Products v. Searcy, 958 P. 2d 228 (Utah 1998)
- Roark v. Crabtree, 893 P. 2d 1958 (Utah 1995)
- Heiner v. S.J. Groves & Sons Company, 790 P. 2d 107 (Utah App. 1990)
- Southwestern Public Service Company v. Thunder Basin Coal Company, 978 P. 2d 1138 (Wyo. 1999)
- Decker v. IHC Hospitals, Inc., 982 F. 2d 433 (10th Cir. 1992)
- Whetman v. IKON, 209 F.R.D. 94 (E.D. Pa. 2002)
- In re Commercial Explosives Litigation, 1996 U.S. Dist. LEXIS 21829 (D. Utah December 20, 1996)
- Gohler v. Wood, 162 F.R.D. 691 (D. Utah 1995)
- Thunder Basin Coal Company v. Tuco, Inc., 156 F.R.D. 665 (D. Wyo. 1994)
- C.C. v. Roadrunner Trucking, Inc., 823 F. Supp. 913 (D. Utah 1993)
- Anaconda Minerals Company v. Stoller Chemical Company, 773 F. Supp. 1498 (D. Utah 1991)
- Utah Power & Light Company v. Federal Insurance Company, 724 F. Supp. 846 (D. Utah 1989)
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| Professional & Community Involvement | - Member, e-Discovery Advisory Board, ARMA International, 2005-present
- Member, American Bar Association, 1977-present
- Member, Association of Trial Lawyers of America, 1986-present
- Member, Colorado Bar Association, 1977-present
- Member, Utah Bar Association, 1985-present
- Member, Utah Supreme Court Advisory Committee on Rules of Civil Procedure, 1987-1998
- Co-Chair, Technology Subcommittee, Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access, 2004
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| Awards & Recognition |
- Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 (inaugural list)
- AV® Peer Review Rated (CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
- Recipient of Colorado Bar Association's Award, Best Litigation Article of the Year, 1982 & 1983
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| Other Experience | - Member: Sedona Conference Working Group II: Public Access and Protective Orders - advising regarding electronic discovery and electronic filing, 2004 - present.
- Adjunct Professor, University of Utah Law School
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| Articles, Publications, & Lectures | Articles
- Executive Editor, Information Security Guidelines for Lawyers and Law Firms, Section of Science & Technology Law, American Bar Association Publishing, March 2006
- Author, Electronic Discovery Primer for Judges, http://fclr.org/2005fedctslrev1.htm
- Author, Are You Sure All That Data You Deleted is Really Gone?, Denver Business Journal, June 2006
- Co-author, A 30(b) Can Sink Your Ship, ARMA International, 2005
- Author, Electronic Discovery Checklist, ABA Commercial/Business Litigation Newsletter, 2004
- Author, Electronic Discovery: New Power, New Risks, Utah Bar Journal, November 2003
- Author, Utah Deposition Primer - Parts I, II & III, Utah Bar Journal, 1994
- Author, Attorneys Fees: The English Rule Colorado, 13 Colo. Law 1642, 1983
- Author, A Deposition Primer, II Colo. Law 936 and II Colo. Law 1216, 1982
Speeches
- Speaker, West Legal Works, E-Discovery "A-Z" Workshop, May 2007
- Speaker, RSA Conference 2006, Challenging a Digital Signature, San Jose, California, February 2006
- Speaker, RenewData, Proactive e-Discovery Planning, Webinar, December 2005
- Speaker, Utah Bar Association, Electronic Law: eDiscovery, eRetention, eEthics, Salt Lake City, Utah, December 2005
- Speaker, Southwestern Accounting Group, eDiscovery & eRetention for CPAs and their Clients, Ruidoso, New Mexico, November 2005
- Speaker, ISSA, Security Issues in Electronic Discovery, Denver, Colorado, November 2005
- Speaker, Utah Bar Association, Electronic Document Retention, Salt Lake City, Utah, November 2005
- Speaker, RenewData, Electronic Discovery, Webinar, October 2005
- Speaker, Greenberg Traurig, Electronic Discovery: 40 Tips in 40 Minutes, Las Vegas, Nevada, September 2005
- Speaker, Lorman Education Services, Effective Document Retention Programs, Wilmington, Delaware, July 2005
- Speaker, Greenberg Traurig, Electronic Discovery in 30 Steps, Thanksgiving Point, Utah, July 2005
- Speaker, Utah Bar Association, Electronic Discovery, Sun Valley, Idaho, July 2005
- Speaker, ALI-ABA, Electronic Records Management and Digital Discovery, Chicago, Illinois, May 2005
- Speaker, J. Reuben Clark Law Society, eRetention in the Sarbanes-Oxley World, Dallas, Texas, May 2005
- Speaker, Lorman Education Services, Electronic Discovery in Depositions, Salt Lake City, Utah, March 2005
- Speaker, RSA Conference 2005, Information Security and Electronic Discovery, San Francisco, California, February 2006
- Speaker, State Bar of Montana, Advanced Electronic Discovery, Cozumel, Mexico, February 2005
- Speaker, Mealey's E-Discovery Conference, Washington, D.C., June 2004
- Speaker, State Bar of Montana, Complete Electronic Discovery, Cabo San Lucas, Mexico, May 2004
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