Jeffrey McKenna

Senior eDiscovery and Privacy Attorney

San Francisco

Jeffrey McKenna, CIPP US/E is an eDiscovery and Privacy Attorney in the San Francisco office of Orrick, Herrington & Sutcliffe. Jeffrey consults with Orrick attorneys and clients on eDiscovery strategy and data privacy issues, including issues related to pending or threatened litigation and cybersecurity.

Jeffrey has experience advising large organizations on privacy issues related to internal investigations and discovery, including issues related to HIPAA, the HITECH Act, and state specific privacy laws, as well as international data protection and state secrets issues.

Jeffrey works with outside counsel and information technology professionals to advise clients in all stages of discovery and to assist in proactive E-Discovery and data privacy planning using effective, efficient and repeatable strategies to get the best results, while minimizing risk and reducing cost. His litigation experience includes all aspects of civil litigation in state and federal courts, including post-trial motions and appeals.

Jeffrey has extensive experience retaining and supervising outside vendors on behalf of clients who will handle sensitive data, including reviewing the terms of their service agreements to ensure compliance with appropriate privacy and security requirements. He also has experience in false advertising, unfair business practices, insurance coverage and bad faith, securities, contract disputes, intellectual property, class action litigation, leading foreign language review teams and assisting with internal investigations into potential violations of the Foreign Corrupt Practices Act (FCPA). He has been engaged in these capacities by Fortune 100 companies, major financial institutions and technology companies. In 2013, Jeffrey was selected as a Northern California "Rising Star" by Super Lawyers Magazine.

Jeffrey also devotes a portion of his practice to pro bono matters.

Prior to joining Orrick, Jeffrey was a senior associate at Skadden, Arps, Slate, Meagher & Flom, LLP. His practice focused on complex commercial disputes, class action defense, and related eDiscovery and data privacy issues.

  • Led efforts by Fortune 500 pharmaceutical client involved in MDL proceeding to comply with data privacy laws in 7 international jurisdictions, including the EU, while extracting sensitive data from each country needed for the litigation.

    Led efforts by multinational biotech client to comply with data privacy laws in 6 jurisdictions while transferring and processing information needed for a monitorship.

    Led efforts by a group of Chinese state owned companies (SOEs) involved in MDL proceedings to meet US discovery obligations, while balancing concerns regarding trade secrets and Chinese State Secrecy laws.

    Led international discovery and privacy compliance efforts in over 25 confidential investigations across 30 different countries involving data in more than 8 languages.

    Successfully argued multiple discovery motions in the role of technical liaison for a large financial institution.

    Led development of menu-driven GDPR compliance workflow for performing legitimate interest analyses and created numerous checklists and integrated templates to ease and streamline compliance with EU/EEA data protection laws in the course of international investigations and complex civil litigation.

    Presented to 1000’s of attorneys and technologist on US and European privacy compliance matters.

    Obtained recovery of nearly $1 million in attorneys’ fees and costs in a class action on behalf of a multinational banking client sued by its brokers.

    Obtained recovery of over $50,000 in costs incurred by a Fortune 500 client that was forced to send privacy notices to its customers as a result of a class action litigation.

    Successfully obtained dismissal at the pleading stage of multiple class actions brought pursuant to California’s Unfair Competition Law (UCL).

    Appointed E-Discovery and Data Security Liaison for multi-national Fortune 500 client.

    Successfully taken and defended over 30 depositions in state and federal court, including both 30(b)(6) and fact witnesses. 

    Co-authored the Sedona Conference "Commentary on Privacy and Data Security: Principles and Guidelines for Lawyers, Law Firms, and Other Legal Service Providers."