Jeffrey McKenna

Senior eDiscovery and Privacy Attorney

San Francisco

Jeffrey McKenna, CIPP US/E, is a Senior eDiscovery and Privacy Attorney in Orrick’s Chambers-recognized eDiscovery & Information Governance practice based in San Francisco. He holds two certifications from the International Association of Privacy Professionals in both US and European privacy law, and has significant experience advising large organizations on complex privacy and discovery issues, including those related to cross-border investigations, international discovery, cybersecurity incidents, CCPA, GDPR, HIPAA, Chinese state secrets law, and state specific privacy laws.

Recent representative engagements include advising a large multinational client on compliance with data privacy laws in eight countries throughout the EU and Asia during multi-district litigation, assisting a large foreign corporation balance its disclosure obligations resulting from a federal consent decree with its obligations under the GDPR and various EU Member State employee privacy laws, assisting several multinationals efficiently navigate the complexities raised by the GDPR and CCPA, and successfully advocating in state court proceedings against burdensome discovery-on-discovery sought from his client while simultaneously prevailing on his own client’s request for such discovery from the opposing party. His litigation experience includes all aspects of civil litigation in state and federal courts, including all phases of discovery, post-trial motions and appeals.

Jeffrey has spoken extensively on the issues of privacy, cybersecurity, and discovery. Publications include articles in the New York Law Journal, LegalTech News, the National Law Journal and co-authoring The Sedona Conference Principles on Privacy and Information Security for Lawyers, Law Firms, and Other Legal Service Providers.  Jeffrey is also an active participant in various initiatives by Lawyers for Civil Justice, including efforts currently underway to enhance protections for cybersecurity and personal information during legal proceedings, particularly during the discovery process.

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.

Jeffrey McKenna on Forthcoming Proposed Changes to the Federal Rules of Civil Procedure:

“The last time that the statute on protective orders, which is currently the best, although very imperfect, method for protecting data in litigation, was amended substantively was in the 1970s.”
Could the FRCP Require Data Privacy, Cybersecurity Considerations in Proportionality Tests? 
Legaltech News, Feb. 9, 2024

  • 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.

    Assisted a preeminent international governing body in the world of sports manage complex cross-border discovery, privilege, and privacy issues resulting from an international patent dispute, including coordinating strategy on these issues with an international joint defense group.

    Engaged by a top investment bank to restructure its eDiscovery program, resulting in millions of dollars in annual savings.

    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."