Robert W. Dibert
Bob has investigated and litigated commercial transactions and business relationships for 30 years, including banking, contracts, joint ventures, securities transactions; employment and trade practices disputes. He also has litigated cases arising under federal and state civil rights laws, and both civil and criminal cases involving the federal Racketeer Influenced and Corrupt Organizations (RICO) statute. Bob also has more than 20 years' experience in the identification, preservation, production and analysis of electronically-stored information (“ESI”) in a variety of investigative and litigation contexts.
Bob's experience includes all phases of a lawsuit, from pre-suit investigation through pleadings and discovery to both jury and non-jury trials, and into the appellate process. His experience in the identification, production and analysis of ESI includes retrieval, review and production of data; analysis of data for evidence of theft, forgery, backdating or other tampering, and preparation of data for use as substantive evidence in formal proceedings. These efforts have included negotiation of appropriate stipulations or protective orders, conditions of access, and vendor agreements where necessary to secure ESI in usable forms.
Recently, he was counsel (with B. Repasky, C. Wilkinson-Tobbe) for Defendant in obtaining dismissal of RICO/lender liability claims for failure to state a claim in Miller v. First Federal Savings Bank, No. 3:13-cv-206 (W.D. Ky. 11/19/2013). He was also counsel (with C.Burnside) for plaintiffs in obtaining RICO judgments as a sanction against certain defendants for failure to identify, preserve and produce paper and electronically-stored information during discovery. Grange Mut. Cas. Co. v. Mack, No. 3:02-cv-110 (E.D. Ky. 2006), aff’d, 270 Fed. Appx. 472 (6th Cir. 2008).
Bob's experience with data privacy and security issues dates to the early 2000's, in the successful negotiation and handling of litigation materials subject to privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA). During the last seven years, his practice has expanded to include counseling clients in records retention and compliance, and handling internal investigations of potential data security breach incidents.
Highlights & Recognitions
- Peer Review Rated, Martindale-Hubbell®
- Honorary Privacy by Design Ambassador, Information & Privacy Commissioner of Ontario, Canada, http://www.privacybydesign.ca
Memberships & Affiliations
- American Bar Association, Litigation Section (Antitrust Litigation Committee); Antitrust Section (Business Torts and Civil RICO Committee; Privacy & Security Committee; Consumer Protection Law Developments Project)
- ARMA Int’l, Member, Louisville Chapter
- Int'l Assoc. of Privacy Professionals (IAPP)
- Kentucky Bar Association, Past officer, Law Office Management Section; Author and speaker for the KBA since 1993 on the subjects of electronic data preservation, analysis and presentation in law practices and legal proceedings
- Louisville Bar Association
- The Sedona Conference, Member of Working Groups 1 (Electronic Document Retention & Production), 6 (Int’l Electronic Information Mgt., Discovery & Disclosure), and 11 (Data Security & Privacy Liability)
- Data Privacy Detective Podcast Episode 31 – Data Incidents and Breaches: What mid-sized companies do when one hits
- When Does Protecting Company Knowledge Through Employment Restrictions Become An Antitrust Violation?
- Court Finds Waiver of Attorney-Client Privilege & Work Product, Notwithstanding 2006 Amendments to Federal Rules of Civil Procedure
- FTC “Dumpster Diving” Nets $50,000 Fine for Alleged Failure to Shred or Burn Consumer Data
- Court Sanctions Corporation $8.5 Million; Orders Six Outside Counsel to Report to State Bar Assoc. for Failure to Indentify & Produce Electronically Stored Information
- Indiana, Ohio Amend Civil Rules for Electronic Discovery; Tennessee Begins Process
- Federal Trade Commission Increases Scrutiny of Customer Data Security in Matter of DSW, Inc.
- Administrative And Private Civil Enforcement Of Customer Data Security Laws
- Electronic Crimes and Misdemeanors - Speaker's Notes
Non-FBT Publications and Events
Selected Presentations & Publications (since 2005)
Electronic Discovery, Meet Prof. Heisenberg ... Selected Thoughts on Practice & Pitfalls in e-Discovery (No. Ky. Univ./Salmon P. Chase College of Law 2014) (with R. Bates Manno)
ESI Retention & Form of Production (Rossdale CLE 2014)
Advising Corporate Directors & Officers: Development of Your Company's Records Retention P[rogram] (Ohio State Bar Assoc. 2013)
Electronic Discovery: Meet Inspector Clouseau - Selected Thoughts on Practice & Pitfalls in e-Discovery (No. Ky. Univ./Salmon P. Chase College of Law 2013) (with R. Bates Manno)
Operationalizing Privacy by Design (2013) (with D. Goodis, Office of the Information & Privacy Commissioner, Ontario, CA)
Electronic Document Retention & Form of Production (Rossdale CLE 2012)
Implementing a Records Retention Program (Lorman Educ. Svcs 2007-2010, 2014) (with R. Webb/R. Bates Manno)
Legal Holds in Civil/Criminal Proceedings & Records Information Management (Rossdale Group/Miami Legal Resources 2010)
e-Discovery Update: Rules, Cases & International Issues (SouthWest Ohio Ch., Assoc. Corp. Counsel 2010)
Legal Records Retention (ARMA Int’l/Louisville Ch. 2009)
Controlling Electronic Discovery Through Records & Information Management (Louisville Bar Assoc. 2009)
Beyond Zubulake … Risks of Sanctions (KBA 2009) (panel/oral argument)
Updated ‘Best Practices’ for Legal Holds (Lorman Educ. Svcs. 2009) (with B/Webb/R.Bates Manno)
The Relationship Between Effective Records Management & Legal Holds (JurInnov/ESIBytes 2009) (with C.Choksy)
Legal Aspects of Computer Forensics (ARMA Int’l/Louisville Ch. 2008)
The ‘Litigation Hold’ and Other ESI Moves (ABA 2008) (panel)
Records Retention (Ecora Software Corp. 2008)