Wendy Butler Curtis

eDiscovery of Counsel
General Litigation

Wendy Butler Curtis, eDiscovery of Counsel, is the chair of Orrick’s eDiscovery Working Group.

Ms. Curtis consults with Orrick attorneys and clients on eDiscovery strategy in litigation matters. She has been engaged by Fortune 100 companies and major financial institutions to create and deploy eDiscovery and records management programs. In this role, she advises clients on the deployment of policy, process and technology to reduce eDiscovery cost and risk. She works with in-house lawyers, information technology professionals and risk managers to develop information management practices in the face of mergers, acquisitions, data transfers, down-sizing and out-sourcing. Ms. Curtis is a frequent speaker and author on preservation, eDiscovery and records management topics.

Ms. Curtis has substantial experience in pharmaceutical, product liability and class action litigation. Her litigation experience includes multiple trials, supervision of regional and local counsel, management of complex discovery and meet-and-confer negotiations.

Ms. Curtis also devotes a portion of her practice to pro bono matters including adoption cases, ACLU, Legal Aid and the Lawyers Serving Warriors & National Veterans Legal Services Program. She serves as the East Coast Chair of Orrck’s Parents’ Forum.

Before joining Orrick, Ms. Curtis was a senior associate at Fulbright & Jaworski, L.L.P and served as a Special Assistant Attorney General with the District of Columbia office of the Attorney General.

Wendy Curtis
  • Successfully defeated motion for sanctions under FRCP 37(e)
  • Obtained protective orders quashing 30(b)(6) depositions regarding discovery on discovery re data sources
  • Persuaded Federal District Judge to reverse special master decision to issue adverse inference instruction regarding spoliation in an IP case
  • In California state court obtained cost shifting for document review costs in commercial litigation dispute
  • Negotiated ESI protocols in pharmaceutical and antitrust MDL matters
  • Presented fact and expert witnesses for deposition on preservation, production and spoliation topics in pharmaceutical MDL litigation
  • Created litigation readiness processes for financial, pharmaceutical and technology industry clients
  • Served as National Discovery Counsel for technology and pharmaceutical industry clients
  • Served as ESI liaison as required by local rules in commercial, tort and IP litigation
  • Created enterprise records retention and disposition programs for energy, technology, and financial industry clients
  • Advised client on preservation and production issues associated with cloud computing
  • Advised global company on privacy and preservation issues with BYOD policies
  • Assisted trial strategy in multiple cases involving spoliation allegations and causes of action
Select Publications
Admitted In
  • District of Columbia

  • B.A., cum laude, Political Science, University of New Hampshire, 1995
  • J.D., University of Maryland School of Law, 1998

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