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John B. Koss

Special Counsel, E-Discovery

[email protected]

+1.617.210.6855

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John’s practice focuses exclusively on counseling clients on e-discovery and large data matters including commercial litigation, investigations, and governmental inquiries. John also directs and oversees the firm’s Litigation Technology department. In both roles, John relies on his extensive experience both in practice and discovery project management to help clients:

  • Develop and implement processes for preserving, collecting, and processing electronic data;
  • Prepare defensible discovery plans addressing production of electronically stored information;
  • Implement best-in-class early case assessment tools to significantly reduce data volumes to be collected and hosted;
  • Advise on the use of technology-assisted review approaches to prioritize and automate document review; and
  • Utilize innovative workforce arrangements to maximize efficiency and litigation cost savings.

Prior to rejoining the firm in 2016, John led the Boston office of one of the nation’s leading legal services firms, where he worked with in-house legal departments and law firms to create effective and economical legal solutions – incorporating flexible staffing, reliable workflows, and technology – in a wide variety of practice areas including litigation, compliance, employment, corporate transactions, and contracts management.

During his initial tenure at Mintz, John was a founding member of the firm’s Electronic Discovery Practice Group. He was also an active member of the firm’s Product Liability and Complex Tort Litigation Practice Group. John maintained a diverse litigation and counseling practice with a particular focus on serving as national trial, strategy, and discovery counsel for pharmaceutical clients involved in serial litigation. In this role, he also advised on information governance and the coordination of companywide and multinational discovery efforts.

Outside of the office, John lectures, speaks and writes frequently on issues of e-discovery law, information governance, and data privacy. John teaches E-Discovery Law at Suffolk University Law School. John previously taught legal writing at Suffolk and Boston University School of Law.

Education

  • Boston University School of Law (JD)
  • Northwestern University (MS, Journalism)
  • Northwestern University (BA)

Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star
  • Massachusetts Lawyers Weekly and Massachusetts Bar Association:Up and Coming Lawyer
  • National LGBT Bar Association. Best LGBT Lawyers Under 40

Recent Insights

News & Press

Events

Viewpoints

As the clock ticks down to May 25, 2018, when the European Union’s General Data Protection Regulation (“GDPR”) becomes fully enforceable throughout the EU, the Internet and airwaves have become saturated with guidance for companies about what to expect and how to prepare for its new protections and restrictions.
The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on here, went before a judge earlier this month, seeking to permanently bar the recipient and his counsel from further exploitation of the documents and their customer-identifying contents.
Wells Fargo’s inadvertent production of personal identifying information ("PII") in a case involving a former employee became national news when the New York Times broke the story late last week. 
In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (the “Hague Service Convention” or the “Convention”) does not prohibit service by mail. 
You’ve had your apple a day, but you can’t keep the subpoenas away…  
And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears repeating that while HIPAA provides a number of methods through which covered entities that hold records containing PHI may produce such records, these guidelines are closely enforced by courts.

News & Press

This article notes that the costs of litigation increase with ever more potentially responsive data, litigation technology options, and a truly global reach in the context of much litigation. In response, law firms must continue to consider viable approaches to broaching discussions surrounding the recovery of these costs both within the firm and, more importantly, with law firm clients. John Koss, Special Counsel, E-Discovery, co-authored this column.
Three Mintz attorneys will be participating in the National LGBT Bar Association’s annual Lavender Law conference and career fair. Douglas Hauer, Lyzzette Bullock, and John Koss will be panelists at the event for lesbian, gay, bisexual, and transgender individuals and allies in the legal profession.

Events

Panelist
Oct
1
2018

2018 Relativity Fest

"From Carpenter to the GDPR: 2018 Data Privacy and Protection Law Update" & "A Bazooka to a Knife Fight: Practical Technology to Enhance Your ECA Workflow"

Hilton Chicago - 720 S. Michigan Ave. Chicago, IL 60605

Speaker
Oct
1
2018

THoR Innovation & Transformation Program

Hilton Chicago - 720 S. Michigan Ave. Chicago, IL 60605

Speaker
Jan
31
2018

Legaltech 2018

LegalWeek

New York, NY

Speaker
Nov
9
2017