David Daniel Cross

Other Affiliations

David is a member of the American Bar Association's Section of Litigation and committees for Alternative Dispute Resolution, Commercial and Business Litigation, and Trial Practice. David is a former member of the Board of Directors of the American Mock Trial Association (AMTA), which is a nonprofit organization that organizes intercollegiate mock trial competitions around the country. He continues to assist AMTA with its activities. David is co-chair of the American Bar Association's E-Discovery Subcommittee for the Section of Litigation and a member of the Sedona Conference, Working Group 1, which develops principles and best practice recommendations for electronic document retention and production in civil litigation.

Highlights News & Knowledge

Speeches & Presentations

· "Plunder or Blunder: E-discovery in the Age of Social Media -Mining for Gold and Dodging the Silver Bullet," ABA Section of Litigation 2012 Section Annual Conference, Washington, D.C. (April 18-20, 2012). Moderator: David D. Cross; with panelists: Hon. John M. Facciola, Amor A. Esteban, and Sonya Strnad.

· "E-Discovery Ain't Just About Email: Hot Topics in Preservation and Production," The Fifth Annual National Institute on E-Discovery: Practical Solutions for Dealing with ESI, ABA Section of Litigation and Center for CLE, Washington, D.C. (May 19, 2011). Organizer and moderator: David D. Cross; with panelists: Hon. John M. Facciola, Richard Finkelman, Lisa Balter, and Matthew Hagarty.

· "Rimkus Consulting Group v. Cammarata and Pension Committee v. Banc of America Securities LLC: When Is the Loss of ESI Sufficient for Severe Sanctions and What Can Parties Do to Avoid Sanctions?" ABA Section of Litigation and Center for CLE Teleconference and Live Audio Webcast (June 15, 2010). Moderator: David D. Cross; with panelists Chief Magistrate Judge Paul W. Grimm (D. Md.) and J. R. Nunn.

· "E-Discovery and Web 2.0," The Fifth Annual National Institute on E-Discovery: Practical Solutions for Dealing with ESI, ABA Section of Litigation and Center for CLE, Washington, D.C. (May 27, 2010). Organizer and moderator: David D. Cross; with panelists: Courtney Ingraffia Barton, Jerone J. English, Richard Finkelman, and David Yerich.

· "E-Discovery in IP Litigation: Cost-Saving Strategies for Preserving, Obtaining and Protecting Electronically Stored Information," Stafford Legal Teleconference (September 16, 2009). Faculty Member: David D. Cross.

· "Working with Rule 502: Perils and Promises," BNA Audioconference (June 17, 2009). Panelists: David D. Cross and Judge Peter Flynn; Moderator: Ron Hedges.

· "Will the Cost of E-Discovery End Litigation as We Know It Today," The Third Annual National Institute on E-Discovery: Practical Solutions for Dealing with ESI, ABA Section of Litigation and Center for CLE, Chicago, Illinois (May 22, 2009). Organizer and moderator: David D. Cross; with panelists: Alexandra Buck, Adam Cohen, Loren Kieve, and Marie Lona.

· "E-Discovery & Web 2.0," The Fourth Annual National Institute on E-Discovery, ABA Section of Litigation and Center for CLE, Washington, D.C. (May 2009). Conference organizer, host and moderator: David D. Cross; with panelists: Courtney Barton, Jerone English, David Yerich and Rich Finkelman.

· "Case Law Spotlight," E-Discovery Best Practices for Complex Matters, Applied Discovery Regional CLE: Washington, D.C. (April 30, 2009). Panelists: Courtney I. Barton and David D. Cross.

· "The Use of Electronic Search Tools and Experts in Discovery," ABA Section of Litigation and Center for CLE Teleconference and Live Audio Webcast (December 9, 2008). Panelists: David D. Cross, with Magistrate Judge John M. Facciola (D.D.C.) and Adam Cohen (moderator: Aron Raskas).

· "Ethics & E-discovery: 'Reasonable Inquiry' in the Wake of Qualcomm v. Broadcom," ABA Section of Litigation and Center for CLE Teleconference and Live Audio Webcast (September 30, 2008). Moderator: David Cross; with panelists Chief Magistrate Judge Paul W. Grimm (D. Md.), William Butterfield and Stacey Slaughter.

· "E-Discovery 'Best Practices'," Counsel to Counsel: Managing Discovery in the Digital Age, Philadelphia, PA (September 27, 2006). Author: David D. Cross.

· "Dynamic Databases and E-Discovery," 2nd E-Discovery Conference, New York, NY (September 20, 2006). Authors: David D. Cross and Eric M. Matrejek (FTI Consulting).

Publications

· "Discovery Misconduct and Sanctions: There's No App for That!" Crowell & Moring's E-Discovery Law Insights (March 14, 2013). Author: David D. Cross.

· "Forecasting 2013 E-discovery Trends Involving Spoliation, Predictive Coding, Social Media, and More," Crowell & Moring's E-Discovery Law Insights (February 5, 2013). Author: David D. Cross.

· "Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2013). Mark Klapow, Creator and Editor; Contributors.

· "Using Electronic Search Tools and Search-Methodology Experts in E-Discovery: A Discussion of Recent Case Law and Other Authorities," Managing E-Discovery and ESI: From Pre-Litigation through Trial. Eds. Michael D. Berman, Courtney Ingraffia Barton, and Paul W. Grimm. (ABA, 2011). Co-Authors: David D. Cross and Sanya S. Kerksiek.

· "Protection from ESI Waiver under FRE 502," Managing E-Discovery and ESI: From Pre-Litigation through Trial. Eds. Michael D. Berman, Courtney Ingraffia Barton, and Paul W. Grimm. (ABA, 2011). Co-Authors: David D. Cross, Jared S. Hosid, and Courtney I. Barton.

· "Attacking the Cloud: Offensive Discovery of Cloud-Based Data," E-Discovery: Practical Solutions for Dealing with ESI, ABA Section of Litigation and ABA Section of Science & Technology Law (May 19, 2011). Co-Authors: David D. Cross and Karen Morgan.

· "E-Discovery and Cloud Computing: Control of ESI in the Cloud," EDDE Journal, a publication of the E-Discovery and Digital Evidence Committee, ABA Section of Science & Technology Law, Vol. 1, Issue 2 (Spring 2010). Co-Authors: David D. Cross and Emily T. Kuwahara.

· "Rimkus v. Cammarata: Zubulake Revisited Again," Digital Discovery & E-Evidence, BNA, Inc., Vol. 10, No. 3 (March 1, 2010). Co-Authors: David D. Cross and Jared S. Hosid.

· "Reducing the costs of privilege reviews and logs," The National Law Journal, In Focus: E-Discovery (March 23, 2009). Co-Authors: Jeane A. Thomas, David D. Cross and Courtney Ingraffia Barton.

· "Using Electronic Search Tools and Experts in E-Discovery: A Discussion of Recent Federal Decisions," ABA Section of Litigation & Center for Continuing Legal Education (February 2009). Co-Authors: David D. Cross and Sanya Sarich Kerksiek.

· "Protecting the Privilege: New Federal Rule of Evidence 502," ABA In-House Litigator, Vol. 23, No. 2 (Winter 2009). Co-Authors: Courtney Ingraffia Barton and David D. Cross.

· "Ethics and E-Discovery: 'Reasonable Inquiry' in The Wake of Qualcomm v. Broadcom: Part II," Digital Discovery & E-Evidence, BNA, Inc. (December 24, 2008). Co-Authors: David D. Cross and Ty Carson.

· "Ethics and E-Discovery-'Reasonable Inquiry' in The Wake of Qualcomm v. Broadcom: Part I of II," Digital Discovery & E-Evidence, BNA, Inc., Vol. 8, No. 12 (December 1, 2008). Co-Authors: David D. Cross and Ty Carson.

· "10 Steps for Conducting E-Discovery Involving Dynamic Databases," Commercial & Business Litigation, ABA Section of Litigation, Vol. 9, No. 3 (Spring 2008). Author: David D. Cross.

· "Open Health Care Fraud Investigation and Prosecution in South Carolina," NAAG Health Care Fraud Rep. 6 (August 1996). Author: David D. Cross.

Client Alerts & Newsletters

· "Federal Court and Agency E-Discovery Rules and Guidelines," Electronic Discovery & Information Management Alert (February 21, 2013). Contacts: Justin P. Murphy, Jeane A. Thomas, David D. Cross.

· "Court Invokes FRE 502(d) to Permit Intentional Production of Privileged Materials Without Waiver," Electronic Discovery & Information Management Alert (November 8, 2012). Contacts: David D. Cross, Stephen M. Byers, Justin P. Murphy.

· "Government Sanctioned for Failure to Preserve Documents," Government Contracts Bullet Points (October 26, 2012). Contacts: David D. Cross, Robert T. Rhoad, Jonathan Cone, Justin P. Murphy.

· "Government Forced to Waive Privilege For Failing to Preserve Documents in FCA Case," Electronic Discovery & Information Management Alert (October 25, 2012). Contacts: David D. Cross, Robert T. Rhoad, Jonathan Cone, Justin P. Murphy.

· "Spoliation in Civil Litigation Charged as Criminal Obstruction of Justice," Electronic Discovery & Information Management Alert (October 23, 2012). Contacts: Stephen M. Byers, David D. Cross, Jeane A. Thomas, Justin P. Murphy.

· "Spoliation Sanctions: A Tale of Two Courts," Electronic Discovery & Information Management Alert (March 16, 2010). Contacts: Jeane A. Thomas, David D. Cross.

· "Congress Passes New Federal Rule of Evidence to Address Privilege Issues," Electronic Discovery & Information Management Alert (September 9, 2008). Contacts: Jeane A. Thomas, David D. Cross.