Dennis Kiker
Senior AttorneyDennis Kiker is a litigation attorney with extensive experience in eDiscovery. His focus is on guiding clients and litigation teams on strategy and implementation of defensible practices associated with the identification, preservation, analysis, review and production of documents and data, designed to help our clients realize better results in less time and at a lower cost. Dennis is among the firm leaders in piloting and implementing AI and other advanced technologies to improve outcomes and lower costs.
Dennis has a broad range of industry experience, including pharmaceutical and medical device, automotive, financial services, insurance, industrial manufacturing, and technology; the experience of a seasoned litigator; and a life-long interest in advanced technology. Dennis also brings a unique perspective to the eDiscovery practice. He has worked with companies to develop complete eDiscovery response programs, providing him with an intimate understanding of the in-house challenges associated with the management, identification, preservation and collection of information. He has also managed teams of technical professionals in handling the generally outsourced tasks of processing, hosting and analysis, giving him an in-depth understanding of how eDiscovery professionals can best support litigation teams. Lastly, Dennis has represented clients in state and federal courts around the country on discovery matters.
- English
- J.D., University of Michigan Law School 1994
magna cum laude
Order of the Coif - B.S., Business Administration, University of Phoenix 1989
Awards
The Legal 500 United States
- Recommended, E-Discovery (2024)
Additional Awards
- Rated AV Preeminent® by Martindale-Hubbell® Peer Review Ratings™
- DLA North American Pro Bono Award (2022)
Pro Bono
- 2021 North American Pro Bono Award
- Represented inmates seeking compassionate release from federal prison during the COVID pandemic
- Assisted with appellate briefing on death penalty case
- Volunteered with the Election Protection and Census Hotlines
- Served for seven years on the Virginia State Bar Disciplinary Committee
- Acting Assistant Attorney General for Henrico County prosecuting unpaid child support matters
- Central Virginia Legal Aid Society, representing underprivileged clients in landlord-tenant matters
- State Bar of Arizona Young Lawyers, representing individuals in family and commercial law matters
Bylines
- "Defensible Deletion: The Proof Is in the Planning," New York Law Journal (January 29, 2021)
- Michael Arnold & Dennis R. Kiker, "The Big Data Collection Problem of Little Mobile Devices," 21 RICH. J.L. & TECH. 10 (2015)
- "Discovery Dilemma: How to Plan for the ‘Big One’ Without Incurring Big Fees," USLAW Magazine, Spring/Summer (2015)
- "Defensible Data Deletion: A Practical Approach to Reducing Cost and Managing Risk Associated with Expanding Enterprise Data," 20 RICH. J.L. & TECH. 3 (2014)
- "Think None of Your Cases are E-Discovery Cases? Think Again", USLAW Magazine (Fall/Winter 2014)
- "The Good Old Days of eDiscovery," USLAW Magazine (Spring/Summer 2014)
- William W. Belt, Dennis R. Kiker, Daryl E. Shetterly, "Technology-Assisted Review: Is it Defensible?" 18 RICH. J.L. & TECH. 3 (2012)
- "To Be or Not To Be – E-Discovery Certified, That Is," ABA E-Discovery and Digital Evidence Journal (December 2011)
- "3 Steps to Effective Records Retention," Inside Counsel (August 18, 2011)
- "The Corporate Cigar Box - Part 2: What You Don’t Keep Can Help You," Inside Counsel (July 21, 2011)
- "The Corporate Cigar Box - Part 1: What You Don’t Know Can Hurt You," Inside Counsel (July 14, 2011)
- "Finding Needles in Haystacks: Reigning in the Cost of ESI," New York Law Journal (July 2011)
- Jeffrey Brown & Dennis R. Kiker, "A Practical Guide to Discovery Conference Preparation," Technology Law360 (June 2011)
- White Paper, "Managing Hidden Risk Associated with Legacy Data," (May 2011)
- "Waiving the Privilege in a Storm of Data: An Argument for Uniformity and Rationality in Dealing with the Inadvertent Production of Privileged Materials in the Age of Electronically Stored Information," 12 RICH. J.L. & TECH. 15 (2006)
Seminars
- Moderator, "Discovery of Mobile Device Data," The Sedona Conference, WG-1 Mid-Year Meeting, April, 2023
- Moderator, "Still Looking for the Data," IG3 West, December, 2019
- Moderator, "Still Looking for the Data," IG3 East, June, 2019
- Moderator, "Document Review Pricing Reset," IG3 East, June, 2019
- Dennis R. Kiker, David Cohen, "Defensibly Downsizing Your Data," ReedSmith, Houston, March, 2019
- Dennis R. Kiker, Stewart L. Byrd, Mary Marquez, "Data Mapping for Records Management and Compliance," Houston ARMA Annual Meeting, April, 2018
- Dennis R. Kiker, "Data Analytics for Compliance," Texas A&M University, March, 2018
- Dennis R. Kiker, "Defensible Deletion is the Wrong Frame," South Central Information Governance Retreat, May, 2017
- Dennis R. Kiker, Zeeshan Mirza, "Saving Pennies or Burning the Haystack: Is Defensible Deletion Possible," Houston ARMA Chapter, Annual Conference, May, 2016
- Dennis R. Kiker, Priya Keshav, "Leveraging eDiscovery Technology for Internal Audit," Institute of Internal Auditors Houston Chapter, Annual Conference, April, 2016
- Dennis R. Kiker, Priya Keshav, "Saving Pennies or Burning the Haystack: Is Defensible Deletion Possible," Austin & San Antonio ARMA Chapters, Annual Conference, March, 2016
- "The Big Data Collection Problem of Little Mobile Devices," paper presentation at University of Richmond Journal of Law & Technology Symposium, February, 2015
- "The Big Data Collection Problem of Little Mobile Devices," paper presentation at University of Richmond Journal of Law & Technology Symposium, February, 2015
- "Defensible Data Deletion: A Practical Approach to Reducing Cost and Managing Risk Associated with Expanding Enterprise Data," paper presentation at University of Richmond Journal of Law & Technology Symposium, February, 2014
News Overview
Media Mentions
- Mentioned, "In the Name of the Father and the Son and the Wholly Owned Subsidiary," Phoenix New Times, May 22, 1997
Prior Experience
Representative eDiscovery Experience
- Director of consulting for two leading eDiscovery providers, managing multi-disciplinary teams of professionals in nationwide engagements to help companies develop and implement defensible processes and procedures for discovery response.
- Partner in the eDiscovery practice at an AmLaw 200 law firm, leading large-scale eDiscovery and document review projects in multiple locations with teams of up to 150 reviewers, and continuously assessing internal practices and procedures to improve quality and efficiency while lowering operational expenses and increasing profitability.
- Developed discovery response programs for numerous Fortune 500 companies in a broad range of industries, including processes, procedures, business process flow diagrams, templates, and functional/ technical requirements designed to improve compliance and cost-management.
- Represented Fortune 500 manufacturing during one of the nation's largest product recalls, managing document collection and review, negotiating scope and production requirements with opposing counsel, and representing the client in discovery motion practice across the country.
Representative Information Governance Experience
- Guided a Fortune 500 financial services company through the defensible elimination of 60 terabytes of e-mail data eliminating over $1 million per year in storage costs.
- Assisted a semiconductor manufacturer realize 33% reduction in storage costs associated with obsolete records.
- Advised electric company on records retention schedules and legal hold processes.
- Completed a comprehensive records management program assessment for Fortune 500 insurance company.
Representative Litigation Experience
- National Discovery Counsel for a Fortune 500 manufacturing company, handling all product liability discovery, including written responses, document collection and production, and motion practice.
- Broad product liability experience, including automotive, industrial manufacturing, pharmaceutical, medical device and consumer products.
- Extensive courtroom experience, including motion practice and trial work in state and federal courts throughout the nation.
- Provided written and oral testimony regarding the scope and/or feasibility of conducting discovery of various data sources, including electronic medical record (EMR) systems, claims management systems, legacy databases, servers, personal computers and mobile devices.
Memberships And Affiliations
- The Sedona Conference, Member of Working Group 1 (Electronic Document Retention and Production) and Working Group 6 (International Electronic Information Management, Discovery and Disclosure)