Patrick Oot is a Chambers-ranked litigator and globally recognized practice leader in pre-trial litigation and government investigations. He is a go-to lawyer for the world’s largest companies, with regular court appearances litigating complex issues involving technology and electronically stored information in state, federal district court and multidistrict litigation.
Editor-in-chief of The Electronic Discovery Institute’s Guide to Spoliation Law (3rd ed.), Patrick has both successfully defended against spoliation claims and has efficaciously obtained adverse inferences by deploying counterstrategy against legal adversaries using forensics and investigative techniques.
He has led investigative responses to demands by the Securities and Exchange Commission (SEC), Department of Justice (DOJ) and state attorneys general offices. Patrick’s court appearances are balanced by his important work advising clients on information governance, data privacy and discovery practices to avoid litigation on technology issues altogether.
In his privacy practice, Patrick has successfully litigated and argued for the dismissal of actions involving the Stored Communication Act, Electronic Communications Privacy Act, California Invasion of Privacy Act and Right to Financial Privacy Act.
As co-chair of Shook’s Data and Discovery Strategies Practice, Patrick is recognized in Who’s Who Legal for his experience in electronic discovery and data privacy. Patrick’s courtroom credibility is built upon his experience as senior counsel in the Office of the General Counsel at the U.S. Securities and Exchange Commission (SEC) and work as director of electronic discovery and senior litigation counsel at Verizon.
He has testified on behalf of both organizations in federal litigation and has testified and commented to the Federal Judicial Conference’s Advisory Committee on Civil Rules and Committee on Evidence Rules advocating Federal Rules changes, including testimony in which he presented his position on Proposed Rule of Evidence 502. The committee included language incorporating his suggestions in its draft to the Judicial Conference.
Patrick’s legal work and testimony is supported by his commitment to educating the bench and bar by volunteering at The Electronic Discovery Institute (EDI) and his educational work for the Government Investigations and Civil Litigation Institute (GICLI); he is a co-founder of both organizations.
Along with a diverse group of practitioners and members of the federal judiciary, he also works on planning committees and as faculty for the Federal Judicial Center’s annual electronic discovery training program.
He is executive editor of The Federal Judges’ Guide to Discovery (3rd ed.) and editor-in-chief of The General Counsel’s Guide to Government Investigations (2nd ed.).
In 2007, Patrick appeared with U.S. Supreme Court Justice Stephen Breyer at Georgetown University Law Center’s H5 Summit on Electronic Discovery. He is also a long-time advisory board chair and regular keynote for ALM’s Legaltech and is a fellow of the ABA foundation.
During his tenure at SEC, Patrick co-chaired the agency’s cross-divisional Electronic Discovery Action Team and co-authored The SEC Electronic Discovery and Litigation Response Manual.
He counseled SEC senior leadership and agency staff on best practices and guidance for discovery and litigation strategy and privilege protections, and on strategically significant matters involving forensics, technology and Electronic Communications Privacy Act interpretation for subpoena enforcement.
Patrick appeared twice as SEC’s 30(b)(6) deponent to defend the agency’s discovery practices, with favorable outcomes to the agency. He designed and implemented SEC’s preservation process as well as a federal government-wide educational program that included participation of the federal judiciary.
Before serving at SEC, Patrick was an experienced in-house counsel leading Verizon’s electronic discovery practice. Patrick was one of the nation’s first in-house attorneys charged to create and deploy defensible policies, guidelines and procedures for litigation response.
While at Verizon, Patrick testified as the company’s Federal Rules of Civil Procedure 30(b)(6) witness, defending the same policies and guidelines that he helped design and implement.
In 2006, he was nominated for the Verizon Excellence Award after playing a key role in the successful completion of Verizon’s response to the Department of Justice’s Second Request for Documents in its acquisition of MCI.
As a result of his work, Inside Counsel magazine named Verizon’s eDiscovery team as one of the ten most innovative legal groups of 2007, the group’s second year winning the title.
Outside of his regular practice, Patrick lectures regularly at educational events and legal conferences internationally. He has appeared on National Public Radio’s Morning Edition and was interviewed for the August 2008 edition of The Economist.
- LL.M., Georgetown University Law Center, 2005 (Taxation)
- J.D., Syracuse University, 2001
- B.A., Syracuse University, 1996
- New York
- District of Columbia
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, District of Massachusetts
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- American Bar Association Technology for the Litigator Committee (2010-Present)
- International Legal Technology Association (2005-Present)
- Martindale-Hubbell, Counsel-to-Counsel Program, Chair (2007-2009)
- The Sedona Conference Institute CLE Program, Founding Faculty Member (2006-2012)
- American Lawyer Media Legaltech, Educational Advisory Board, Chair (2007-Present)
- Electronic Discovery Institute, Co-Founder (2006-Present); Certificate Program,
- Editor-in-Chief (2012-Present)
- Georgetown Law Advanced e-Discovery Institute, Board Member (2006-Present)
- Georgetown Law e-Discovery for the Government Practitioner, Board Member (2013-Present)
- Georgetown Law e-Discovery Training Academy Mentor (2013-Present)
- Guidance Software Strategic Advisory Board, Board Member (2008-Present)
- Inside Counsel Superconference, Board Member (2007-2013)
- Kroll Ontrack, Strategic Advisory Board, Board Member (2009)
- Law Technology News, Editorial Advisor Board (2006-Present)
- Microsoft Electronic Discovery and Compliance Counsel (2010-Present)
- The Georgetown Law CLE: Advance Corporate E-Discovery Institute, Program Chair (2008)
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