Ben joined Seeger Weiss in 2024 after over two decades with Dechert LLP where he was a leading litigation partner representing corporate defendants in a wide array of significant civil and criminal matters.
Ben is widely considered one of the nation’s experts in eDiscovery, pioneering many of the best practices now commonly deployed by companies facing multidistrict litigation, coordinated litigation in state courts, or parallel criminal and civil investigations in multiple jurisdictions.
While at Dechert, Ben was the driving force behind the creation of the firm’s eDiscovery Advisory Team which provided eDiscovery advice and support for the global Litigation Team and the Preferred Vendor Program which improved the quality of eDiscovery vendor services while reducing the associated costs for Dechert’s clients.
Ben held several leadership positions at Dechert, including chair of the Product Liability and Mass Tort group, co-chair of the Complex Commercial Litigation group, and co-chair of Dechert’s Innovation Task Force. Ben was also a member of the firm-wide Information Governance Steering Committee and for many years served on the firm’s Hiring Committee in Philadelphia.
Prior to joining Dechert, Ben served as an Assistant United States Attorney in the District of Columbia and the Eastern District of Pennsylvania. During law school, Ben worked on Capitol Hill for Representative Mo Udall and in the Transnational and Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia.
Selected Representation
Airbus Global Investigation: 2016-2020
Ben was recruited by the Dechert London team to advise Airbus Legal regarding data preservation, collection, review, and production issues in the global investigation. Ben developed and implemented a Unified Review Model to reduce costs, improve efficiency, and support the global investigation team. Ben also helped create and shepherd to approval a novel low-volume/high-quality disclosure strategy from Airbus Legal, the Airbus’ Virtual Law Firm (VLF), the UK’s Serious Fraud Office (SFO), France’s Parquet, National Financier (PNF), and the U.S. Department of Justice (DOJ). Technology Assisted Review (TAR), Continuous Active Learning (CAL), and key search terms were all used to accelerate the identification, review, and production of the most relevant documents and data to the VLF and authorities.Review and production required successful navigation of national defense laws, blocking statutes, different privacy regimes, different privilege standards, and multiple languages but positioned the VLF to identify and report on key findings involving over 1,750 entities operating globally. This work supported a January 2020 same day court-approved settlement in France, the UK, and the U.S.The UK court order approving the agreement noted that Airbus’ level of cooperation was “extraordinary” and “exemplary” garnering the company millions in cooperation credit. Moreover, an independent review conducted by the SFO identified no significant documents beyond those previously disclosed by Airbus and the VLF. Dechert’s Airbus team received multiple awards for its work including:
“White Collar Practice Group of the Year” by Law 360. This award is issued by Law360. Learn more about their selection methodology here.
“International Litigation and Disputes Team of the Year” at the British Legal Awards. This award is issued by ALM Global, LLC. Learn more about their selection methodology here.
“Conduct, Enforcement or Business Crime Team of the Year” by The Lawyer. This award is issued by The Laywer. Learn more about their selection methodology here.
“Most Important Development of the Year” at the Global Investigation Review (GIR) Awards. This award is issued by Global Investigations Review. Learn more about their selection methodology here.
Listed as a finalist for “Most Impressive Investigations Practice of the Year” at the GIR Awards (2020). This award is issued by Global Investigations Review. Learn more about their selection methodology here.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
American Airlines
Dechert represented US Airways in its merger with American Airlines. Post-merger, the DOJ launched an investigation into allegations that the four largest U.S. airlines – American, United, Delta, and Southwest — coordinated seat capacity for air passenger service. The DOJ issued CIDs to each airline seeking a broad array of ESI from American’s most senior executives. The CID response had to be managed consistent with the backdrop of MDL litigation and more than 100 putative class action lawsuits. Ben was recruited to manage and oversee the CID project for American and lead antitrust counsel from Dechert. Punitive production deadlines required moving the project to different document review platform and active oversight of AA’s captive document review team. American’s CID production was completed on time.
Takata Airbag Recall Litigation: 2013-2016
The Takata litigation arose from the largest recall in U.S. automotive history. Ben developed a response plan to thwart NHTSA’s strategy of issuing early administrative fines based on a failure to timely produce documents. He also served as the key interface regarding Takata documents and data with NHTSA, Congress, the DOJ, the Takata MDL, and state court cases. Ben developed and maintained an excellent working relationship with Plaintiffs’ counsel and OEM defense counsel. His team created a novel process to permit OEM counsel to conduct pre-production confidentiality review of Takata documents. Ben led the negotiations over the process to preserve and produce data resulting from nationwide inflator testing project and he prepared and defended depositions of multiple IT executives. Most importantly, Dechert team preserved and produced data reflecting data manipulation and alteration and received the American Lawyer award for 2017 Investigation of the Year for Asia. This award is issued by ALM Global, LLC. Selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Seroquel MDL Litigation: 2007-2009
Ben was personally recruited by AstraZeneca’s Head of Litigation following issuance of discovery sanctions order by Seroquel MDL judge. Ben recommended that AstraZeneca fire its existing data processing and eDiscovery vendors and oversaw the transition to new eDiscovery vendors. Ben rehabilitated AstraZeneca’s credibility and standing on discovery issues with the MDL court and PSC through appearances at monthly status conferences. Ben’s team filed objections to reports from a hostile Discovery Special Master that eventually eliminated his participation in the Seroquel MDL. Ben designed and implemented simultaneous deposition discovery of Plaintiffs’ counsel to test their sanctions claim leading to a confidential resolution. The revamped eDiscovery team produced an unprecedented volume of native AstraZeneca data to get Seroquel MDL litigation back on track.
Vytorin Litigation
Ben was selected by Merck & Co., Inc. among all VLF counsel to serve as lead eDiscovery counsel for Merck in Vytorin MDL litigation.
Vioxx Litigation: 2004-2016
40,000+ personal injury lawsuits were filed against Merck & Co., Inc. following voluntary withdraw of Vioxx from U.S. market. Ben was selected by Merck Legal to head Dechert’s eDiscovery team to replace prior discovery counsel. The Vioxx Litigation involved a multi-front discovery war including the MDL and coordinated state proceedings in NJ, CA, and Texas. Ben developed and implemented a unified discovery strategy to support the defense objective to win Vioxx cases at trial in federal and state courts. Ben regularly appeared and argued key discovery issues in MDL, NJ and other state courts while resolving dozens of discovery issues through negotiations with Plaintiffs’ counsel. He had management and oversight responsibility for two dedicated document review sites in New York and Philadelphia with 500+ attorneys, contract, attorneys, and other legal professionals. Ben won approval from Merck Legal to use the unified review model to support all Vioxx matters including Congressional inquiries, DOJ, SEC, state Attorneys General, product cases, class actions, securities litigation, and insurance. Ben was the lead negotiator and supervising manager for implementation of Merck Profile Form which pulled and combined Merck data from 32 different databases and “live” enterprise systems. During the entire Vioxx litigation, only one motion for discovery sanctions was filed against Merck and it was voluntarily withdrawn the same day by lead Plaintiffs’ counsel.
Awards & Accolades
Chambers USA, Band 3 Nationwide eDiscovery & Information Governance, 2011-2024
Ben has been listed by Chambers and Partners as ‘Top Ranked’ in the category eDiscovery & Information Governance 2011-2024, Chambers USA, Band 3 Nationwide. The Chambers selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
According to the editor of the publication,
‘Benjamin Barnett of Seeger Weiss is regularly called on to advise on data governance strategies, as well as advising on discovery issues arising in major litigation matters.’
Learn more about their selection methodology
Global Chambers, eDiscovery & Information Governance, 2014-2023
Ben has been listed by Chambers and Partners as ‘Top Ranked’ in the category eDiscovery & Information Governance 2014-2023, Global USA. The Chambers selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Learn more about their selection methodology
Lawdragon 500 Leading Plaintiff Financial Lawyers, 2024
Ben has been selected for inclusion on Lawdragon’s 2024 list of 500 Leading Plaintiff Financial Lawyers. This guide, first published in 2007 by Lawdragon Inc., presents Lawdragon’s opinion of “the best of the U.S. plaintiff bar who specialize in representing individual investors and shareholders, as well as businesses and other organizations harmed by corporate misconduct or other failures.” Lawdragon’s selection methodology is based on a combination of objective criteria including research of top verdicts and settlements, peer recognition, and interviews with lawyers throughout the country. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Learn more about their selection methodology
Legal 500 Nationwide Band 3: eDiscovery, 2013-2023
Ben has been selected to the Legal 500 Nationwide Band 3: eDiscovery 2013-2023. The Legal 500 list is issued by Legalease Ltd. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Learn more about their selection methodology
2020 North American Innovation Lawyer Award from Financial Times for work on Airbus Global Investigation.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Selected client feedback from rankings:
- “Ben Barnett is a genius in this space – top of the game in every way.”
- ‘Ben Barnett is truly an expert in this field and is a true partner. He goes out of his way to understand all aspects and values input and feedback from all. He makes things run smoothly despite all the competing priorities and multiple law firms engaged. His legal recommendations are well grounded, sound, and provide a logical path forward.”
- “[T]he depth of his expertise is the reason we and others rely on him to get the job done when no-one else can see how.”
Results may vary depending on your particular facts and legal circumstances.
Community Involvement
Government Service
Assistant United States Attorney’s Office for Eastern District of Pennsylvania
Civil Division (1998-2001)
Assistant United States Attorney’s Office for District of Columbia
Civil Division (1997-1998)
Law Clerk
United States Attorney’s Office for District of Columbia
Transnational/Major Crimes Section (1991-1993)
Pro Bono
Ben maintains an active pro bono practice and was a member of the Dechert team that received the Philadelphia Bar Foundation’s Pro Bono Award in 2020. Ben has mentored and guided a dozen Dechert associates and University of Pennsylvania Law School students through their first oral arguments before United States Court of Appeals for the Third Circuit.
Scholarship & Leadership
A simple Proposal For Improving E-Discovery in MDLs
Law 360 Expert Analysis
July 2024
Co-authors: Ben Barnett and Shauna Itri
https://www.law360.com/articles/1856301
eDiscovery for Corporate Counsel, Thomson Reuters (2023) (long-time contributing author with chapter on “Who Pays for eDiscovery – Cost-Shifting Strategies”)
Tour d’horizon des étapes clés de l’eDiscovery
Journal du Management Juridique
June 2021
Co-authors: Ben Barnett, Karen Coppens, Garbis Latif yan, Hélène Lenoury and Vincent Parot
E-Discovery : quelques conseils avant de se lancer
Option Droit & Affaires Option Droit & Affaires
April 28, 2021
Co-authors: Ben Barnett, Karen Coppens, Garbis Latifyan and Hélène Lenoury
eDiscovery in Multi-Jurisdictional Investigations: Preparing to Play Multi-Level Chess
Anti-Corruption Report and Cybersecurity Law Report
January 6 and 20, 2021
Co-authors: Ben Barnett, Karen Coppens, Richard Hodge, Garbis Latifyan
Overseas Production Orders – Where are we now?
Dechert OnPoint
November 23, 2020
Co-authors: Caroline Black, Laura Manson
https://www.dechert.com/knowledge/onpoint/2020/11/overseas-production-orders—where-are-we-now-.html
Schrems II: SCCs Valid (in Principle), Privacy Shield Struck Down – Time for Action
Dechert OnPoint
July 21, 2020
Co-authors: Timothy Blank, Dr. Olaf Fasshauer, Paul Kavanagh, Laura Rossi, Hilary Bonaccorsi, Sonja Feser, Sophie Montagne, Madeleine White
https://www.dechert.com/knowledge/onpoint/2020/7/schrems-ii–sccs-valid–in-principle—privacy-shield-struck-dow.html
The Long Arm of UK Law Enforcement Reaches a Handshake Deal with U.S. DOJ on UK-U.S. Electronic Data
Dechert OnPoint
October 9, 2019
Co-authors: Caroline Black, Laura Manson, Theodore Yale
https://www.dechert.com/knowledge/onpoint/2019/10/the-long-arm-of-uk-law-enforcement-reaches-a-handshake-deal-with.html
Actual Impact of 2018 U.S. CLOUD Act Still Hazy
Dechert OnPoint
July 22, 2019
Co-authors: Dr. Olaf Fasshauer, Michael McGinley, Laura Manson, Sophie Montagne, Theodore Yale
https://www.dechert.com/knowledge/onpoint/2019/7/actual-impact-of-2018-u-s–cloud-act-still-hazy.html
The Long Arm of The Law Gets Longer – UK Introduces Overseas Production Orders
Dechert OnPoint
March 7, 2019
Co-authors: Caroline Black, Laura Manson, Theodore Yale
https://www.dechert.com/knowledge/onpoint/2019/3/the-long-arm-of-the-law-gets-longer—uk-introduces-overseas-pro.html
Privacy & Cybersecurity: Developments We’re Watching For in 2019
Dechert LLP
January 31, 2019
Co-authors: Timothy Blank, Alec Burnside, Dr. Olaf Fasshauer, Vernon Francis, Paul Kavanagh, Joshua Rawson, Jeremy Zucker, Marjolein de Backer, Gregory Luib, Jennifer McGrandle, Sophie Montagne, Madeleine White
https://www.dechert.com/knowledge/publication/2019/1/data-privacy-and-cybersecurity–developments-we-re-watching-for-.html
Privacy of Cell Location Data – Analysis of Carpenter Decision
Dechert OnPoint
July 18, 2018
Co-authors: Vernon Francis, Craig Castiglia
https://www.dechert.com/knowledge/onpoint/2018/7/privacy-of-cell-location-data–analysis-of-carpenter-decision.html
Forecasting the Impact of the New US CLOUD Act
Dechert LLP
April 13, 2018
Co-authors: Jeffrey Brown, Dr. Olaf Fasshauer, Vernon Francis, Theodore Yale
https://www.dechert.com/knowledge/publication/2018/4/forecasting-the-impact-of-the-new-u-s–cloud-act.html
Getting Comfortable with Technology Assisted Review
The Legal Intelligencer
February 7, 2017
Co-author: Matthew Tate
https://www.dechert.com/knowledge/publication/2017/2/getting-comfortable-with-technology-assisted-review.html
Judicial Battles Over Criminal Subpoenas for Online Data
Corporate Counsel
September 10, 2014
Co-author: Rebecca Waldman
https://www.dechert.com/knowledge/publication/2014/9/judicial-battles-over-criminal-subpoenas-for-online-data.html
Reining In Overbroad Criminal Subpoenas – Is Some Relief In Sight?
Dechert OnPoint
April 2, 2014
Co-author: Rebecca Waldman
https://www.dechert.com/knowledge/onpoint/2014/4/reining-in-overbroad-criminal-subpoenas-is-some-relief-in-sight.html
Public Comments on Proposed Amendments to the Federal Rule of Civil Procedure
Dechert LLP
February 14, 2014
Co-author: Erik Snapp
https://www.dechert.com/knowledge/publication/2014/2/public-comments-on-proposed-amendments-to-the-federal-rule-of-ci.html
Q&A With Dechert’s Ben Barnett
Law360
March 6, 2013
https://www.dechert.com/knowledge/publication/2013/3/q-a-with-decherts-ben-barnett.html
Who Pays for eDiscovery? Cost-Shifting Strategies
Corporate Counsel
January 1, 2013
https://www.dechert.com/knowledge/publication/2013/1/who-pays-for-ediscovery-cost-shifting-strategies.html
Second Circuit Rejects Bright-Line Test For Failure to Issue Hold Notice
The New York Law Journal
October 1, 2012
Co-authors: Vivian Maese, Lindsey Stelcen
https://www.dechert.com/knowledge/publication/2012/10/second-circuit-rejects-bright-line-test-for-failure-to-issue-hol.html
“Making Copies” — Third Circuit Substantially Curbs Race Tires eDiscovery Award
Dechert OnPoint
March 21, 2012
https://www.dechert.com/knowledge/onpoint/2012/3/-making-copies-third-circuit-substantially-curbs-race-tires-ed.html
From the Experts: Don’t Get Caught With Your Head in the Clouds
Corporate Counsel
January 17, 2012
Co-author: Regan Hunt Crotty
https://www.dechert.com/knowledge/publication/2012/1/from-the-experts-dont-get-caught-with-your-head-in-the-clouds.html
Electronic Discovery: Overly Onerous Demands Can Backfire
The National Law Journal
December 19, 2011
Co-author: Rebecca Waldman
https://www.dechert.com/knowledge/publication/2011/12/electronic-discovery-overly-onerous-demands-can-backfire.html
In re Aspartame: The E.D. Pa. Clerk of Courts Is Disposed to Award E-Discovery Costs; Litigants Still Need to Prepare for the Battle in District Court
Dechert OnPoint
August 4, 2011
https://www.dechert.com/knowledge/onpoint/2011/8/in-re-aspartame-the-e-d-pa-clerk-of-courts-is-disposed-to-awa.html
Race Tires America: District Court Identifies Another Tool to Shift E-Discovery Costs
Dechert OnPoint
May 16, 2011
https://www.dechert.com/knowledge/onpoint/2011/5/race-tires-america-district-court-identifies-another-tool-to-sh.html
E-Discovery: ‘Pension Committee,’ One Year Later
New York Law Journal
March 21, 2011
https://www.dechert.com/knowledge/publication/2011/3/e-discovery-pension-committee-one-year-later.html
Recent Judge Scheindlin Opinion Again Charts New eDiscovery Ground
Dechert OnPoint
February 17, 2011
https://www.dechert.com/knowledge/onpoint/2011/2/recent-judge-scheindlin-opinion-again-charts-new-ediscovery-grou.html
eDiscovery: When Knowledge Doesn’t Always Equal Power
Financial Executive
December 1, 2009
https://www.dechert.com/knowledge/publication/2009/12/ediscovery-when-knowledge-doesnt-always-equal-power.html
New Federal Rule of Evidence Arrives
New York Law Journal
December 1, 2008
https://www.dechert.com/knowledge/publication/2008/12/new-federal-rule-of-evidence-arrives.html
Decisions Up Stakes for Managing E-Discovery Cases
The Legal Intelligencer
July 30, 2008
Co-author: Philip Yannella
https://www.dechert.com/knowledge/publication/2008/7/decisions-up-stakes-for-managing-e-discovery-cases.html
Speaking Engagements
Data Preservation and Collection in Interesting Times
ACC Corporate Counsel University
February 22, 2022
Mass Tort MDL Certification & Advanced Certificate Program
Bolch Judicial Institute
Duke Law
November 16, 2021
Mass Tort MDL Certification & Advanced Certificate Program
Bolch Judicial Institute
Duke Law
March 11-March 13, 2020
Technology Assisted Review (TAR) Model Protocol
Bolch Judicial Institute
Washington, D.C.
August 16, 2019
Technology Assisted Review (TAR) Best Practices
Duke Law School
September 7-8, 2017
Diverse debate reveals civil justice challenges
CDR Summer Litigation Symposium
July 12, 2017
Co-author: Matthew Cowie
https://www.dechert.com/knowledge/onpoint/2017/7/diverse-debate-reveals-civil-justice-challenges.html
Discovery Best Practices post-Actos: Minimizing the Risk of Harsh Defense Sanctions in an MDL — ACI’s 19th Annual Drug and Med Litigation Conference, New York, NY (December 9, 2014)
One Year Later: The eDiscovery Amendments to the Pennsylvania Rules of Civil Procedure — Philadelphia Bar Association 2013 Bench-Bar & Annual Conference, Atlantic City, NJ (October 4, 2013)
The Evolution of Legal Project Management — Project Management CLE Institute, Philadelphia, PA (September 13, 2012)
The Keys to Successful Execution of a Litigation Project Management Plan — Litigation Project Management 2011, New York, NY (March 3, 2011)
Responding to the Viral Age of Social Media — Presented by Dechert in Association with the Delaware Valley Area Corporate Counsel Association, Philadelphia, PA (September 23, 2010)
Project Management as a Risk Management Tool — The Hildebrandt Institute 9th Annual Law Firm General Counsel’s Forum, New York, NY (September 13, 2010)
Data Security, Corporate Compliance and E-Discovery: Navigating the Data Morass — NJCCA’s 7th Annual All-Day Conference, Philadelphia, PA (September 24, 2009)
E-Discovery and Document Management Forum — Presented by the American Conference Institute with Sponsorship by Dechert, Philadelphia, PA (September 22, 2009)
Ensuring the Integrity and Sufficiency of Your E-Discovery and Information Management Process and Procedures in a Tumultuous Market: Overcoming Complications Arising from Bankruptcies, M&A, and Departing Employees —American Conference Institute’s E-Discovery and Document Management Conference, Philadelphia, PA (September 22, 2009)
Document Management & E-Discovery Corporate Counsel Forum — Presented by the American Conference Institute with Sponsorship by Dechert, New York, NY (September 17, 2008)
Privilege, Communication, and Accountability: What Has Changed Since Qualcomm? — American Conference Institute’s 6th Annual Advanced Forum on Document Management & E-Discovery, New York, NY (September 17, 2008)
E-Dialogue with Law Firms & Outside Entities — Corporate E-Discovery Forum, Washington, DC (June 15, 2007)
E-Discovery & Litigation Readiness for Life Sciences — Presented by the American Conference Institute with Sponsorship by Dechert, New York, NY (February 27, 2007)
View From the Bench: What the Life Sciences Industry Must Know About the New FRE Changes to Overcome Common E-Discovery Challenges — ACI’s E-Discovery & Litigation Readiness for Life Sciences, New York, NY (February 27, 2007)
Defending Third-Party Claims — American Conference Institute’s Drug and Medical Device Litigation Conference, New York, NY (December 14, 2005)
Winning E-Discovery and Electronic Document Management Strategies: A Comprehensive Guide for Corporate Counsel — Drug and Medical Device Litigation Conference, New York, NY (March 1, 2005)
Medical Monitoring Claims Under PA Law — Hot Topics in Product Liability – A Pennsylvania Bar Institute Continuing Legal Education Course, Northeast Philadelphia, PA, and Mechanicsburg, PA (December 3, 2003