Daniel M. Braude is a Partner at Mullen Coughlin, practicing primarily in the Firm’s Privacy Litigation practice group. He concentrates his practice on defending organizations in single-plaintiff and class action privacy litigation stemming from data privacy incidents. With over 15 years of experience in commercial litigation and eDiscovery, Dan has an adept understanding of critical and emerging issues at the intersection of data privacy, information security and technology. He provides his clients with the counsel they need to make informed decisions regarding privacy disputes – whether in court, out of court or at mediation or arbitration.
As the longtime chair of his previous firm’s eDiscovery practice, Dan has extensive experience managing large volumes of electronically stored information (ESI) in a cost-effective and defensible manner. This includes performing data mapping, overseeing forensic collection efforts by external vendors and applying various methods of data culling including technology-assisted review. In addition, Dan previously served on the faculty as an adjunct professor at the Elisabeth Haub School of Law at Pace University where he taught a course on eDiscovery.
Dan served as a leader of his previous firm’s Information Governance team and frequently counseled clients regarding the management and organization of their information assets and related data privacy concerns. He has worked with organizations to audit, investigate and assess their overall information governance practices in addition to drafting policies and guidelines related to document retention, social media, cloud computing and litigation readiness.
In 2016, Dan was honored as a 40 Under 40 Rising Star by the Business Council of Westchester (NY), and he currently serves on the organization’s Rising Stars Leadership Committee.
SPEAKING ENGAGEMENTS & PRESENTATIONS
- “Best Practices for Remote Electronic Forensic Collections & Work-From-Home Document Review,” Virtual, March 2021
- “The New Practice Rules for NY Supreme,” Virtual, February 2021
- “E-Discovery & InfoGov Essentials,” New Orleans, LA, December 2019
- “U.S. Litigation vs. GDPR – An Unresolvable Conflict of Laws?,” Cologne, Germany, June 2019
- “From the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation,” DRI Product Liability Conference, Austin, TX, February 7, 2019
- “GDPR in Reality: What We’ve Learned,” Complete Discovery Source (CDS) 2nd Annual Putting Insights Into Practice (PIIP) Forum, New York, NY January 30, 2019
- “GDPR – Counsel’s Current Compliance Concerns,” Association of Corporate Counsel (ACC) Westchester-Southern Connecticut Chapter, October 2018
- “The ‘New’ Proportionality Rule: How to Fight Overly Broad E-Discovery Requests,” 2018 National Association of Railroad Trial Counsel (NARTC) Fall Meeting, New Orleans, LA, October 2018
- “E-Discovery Cost Control & Defensibility,” April 2018
- “eDiscovery and the Ethical Duty of Competence,” New York State Bar Association, July 2017
- “Document Preservation and E-Discovery,” Connecticut Defense Lawyers Association, April 2017
- “Introduction to Information Governance,” Continuing Legal Education, April 2017
- “Best Practices for Boosting E-Discovery Efficiency,” Milwaukee, WI, September 2016
- “Defensible Deletion to Downsize Your Data: A Roadmap for Better Litigation Preparedness and Records Retention Practices,” NYC Chapter of the Association of Corporate Counsel (ACC), May 2016
- “An E-Discovery Update – Predictive Coding & Methods to Minimize Document Review Costs,” Claims & Litigation Management Alliance (CLM) NYC Chapter, April 2016
- “Just Patch and Pray?,” 2015 Ingenious East Coast eDiscovery & Information Governance Retreat, Harwich, MA, November 9, 2015)
- “E-Discovery & Information Governance,” September 2015
- “Electronic Discovery in U.S. Litigation,” Brazil-American Institute for Law & Environment, July 2011
- “E-Discovery Update & Practice Tips,” Continuing Legal Education, July 2011
PUBLICATIONS
- “From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation,” National Law Review, February 11, 2019
- “Challenges in Preserving and Using IoT Data,” ABA Pretrial Practice & Discovery Committee Newsletter, March 20, 2018
- “Don’t Risk Waiving All Objections to Discovery Responses,” Lexology, March 8, 2017
- “Social Media Investigations: Digging Deep, or Just Scratching the Surface?,” New York Law Journal, October 3, 2016
- “Methods For Asserting Objections Under Amended Rule 34,” Law360, March 2, 2016
- “Creating a Records Management Policy and Enforcing It,” Westchester County Business Journal, March 17, 2016
- “Will Changes to Federal Rules Reduce Scope of Discovery?,” Law360, December 11, 2015
- “FRE 502(d) – An Underutilized ‘Safety Net’ in Document Intensive Litigation,” Lexology, August 12, 2015
- “Legal Holds in Response to Data Breaches,” DRI In-House Defense Quarterly, Summer 2015
- “Reduce Risk: Educate Insureds re ESI,” Insurance Day, May 20, 2011
- “An Urgent Need for Legal Hold Policies & Procedures,” New York Law Journal, November 18, 2010