Partner and National e-Discovery Counsel for Jackson Lewis, LLP,
a national labor and employment law firm with over 700 attorneys in 49 offices throughout the United States.
Legal Practice Areas:
Electronic Discovery law, including especially ESI Search and Review, and Litigation Readiness Counseling
Mr. Losey has limited his practice to e-discovery related topics since 2006, but has experience in Commercial Litigation as a practicing attorney since 1980. Ralph is a
frequent speaker at e-discovery conferences and CLEs around the country and a leading expert contributor in the field of legal search, including recent landmark decisions
on the use of predictive coding.
Other Legal Work:
- Adjunct Professor of Law:
University of Florida College of Law: Introduction to Electronic Discovery; Advanced e-Discovery Seminar; Online e-Discovery.
- Patent Pending: Invention of a methodology for the search and review of electronically stored information in contested disclosures.
e-Discovery Stories from the Cutting Edge of Law and Technology e-Discovery Team® iBook (2012).
Adventures in Electronic Discovery, West Thomson (2011).
Electronic Discovery: New Ideas, Trends, Case Law, and Practices West Thomson (2010).
Introduction to e-Discovery: New Cases, Ideas, and Techniques American Bar Association (2009).
e-Discovery: Current Trends and Cases, American Bar Association (2008).
Your Cyber Rights and Responsibilities: The Law of the Internet, Chapter 3 of Que's Special Edition Using the Internet, McMillian Publishers 3rd Ed, 1996.
- Select Law Review Articles:
Mancia v. Mayflower Begins a Pilgrimage to the New World of Cooperation, 10 Sedona Conf. J. 377 (2009 Supp.)
Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery, 60 Mercer L. Rev. 983 (2009).
Computer Hash: the New Bates Stamp, 12 Journal of Technology Law and Policy 1 (June 2007).
- e-Discovery Team® Bloghttp://e-discoveryteam.com Publisher and principle contributor.
- e-Discovery Team® Online Training Programs: http://e-discoveryteam.com Publisher and principle contributor.
http://e-discoveryteamtraining.com Founder and CEO of the online training course.
http://edbp.com Founder of the Electronic Discovery Best Practices.
http://IT-Lex.org Co-Founder of this non-profit foundation.
Select Presentations: See partial list of presentations below. (Note - I do too many presentations every year to keeop this up to date.)
- Martindale-Hubbell AV Peer Review Rating.
- Named in Florida SuperLawyer magazine for IT/Outsourcing.
- Certified Computer Law Mediator, The Florida Bar (1991).
- Certified Arbitrator, Orange County Bar Association (1991).
- Who's Who in American Law (since 1985).
Ralph Losey is an attorney in private practice with the law
firm of Jackson Lewis, LLP, where he is a Partner and the firm's
National e-Discovery Counsel. Ralph is also an Adjunct Professor at the
University of Florida College of Law teaching e-discovery and advanced
e-discovery. He is also an active member and lecturer for The Sedona Conference.
Ralph is also a prolific author on e-discovery, writing an average of one article per week
in his e-Discovery Team Blog, since 2006.
His works include five books on electronic discovery law in the past five years. His newest book is a multi-media iBook e-Discovery Stories from the Cutting Edge of Law and Technology (2012)
designed for iPads and downloadable from iTunes. His last paper book was published by West Thomson in 2011.
Adventures in Electronic Discovery (West Thomson Reuters, 2011).
In 2010 his book,
Electronic Discovery: New Ideas, Trends, Case Law, and Practices,
was published with contributing chapters by Judge Shira Scheindlin, Jason Baron and
others. He has previously written the American Bar Association's feature
books on electronic discovery for 2008 and 2009: Introduction to e-Discovery, (ABA 2009); and, e-Discovery: Current Trends and Cases (ABA 2008).
Ralph is also the author of the well known law review article on the mathematics underlying e-discovery: HASH: the New Bates Stamp, 12 Journal of Technology Law & Policy 1 (June 2007). In early 2009 Ralph wrote a now frequently referenced article on the ethics underlying e-discovery: Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery, 60 Mercer L. Rev. 983 (Spring 2009). Ralph's most recent law review article was written for The Sedona Conference, Mancia v. Mayflower Begins a Pilgrimage to the New World of Cooperation, The Sedona Conference Journal (Winter 2009), on an important new collaborative approach to discovery.
Ralph is also the principle author and publisher of a popular weekly blog on e-discovery, e-Discovery Team Blog, which is generally recognized as the industry's best read and most influential blog on e-discovery news, opinion and analysis.
Ralph was the founder and chair of Akerman Senterfitt's
e-discovery practice group from 2006 to April, 2010. Prior to becoming a
shareholder at Akerman in 2004, he was a shareholder with Katz Kutter
and Subin, Shams, Rosenbluth, Moran, Losey and Brennan, P.A.. At Subin
Shams he was in charge of the firm's computer systems for over 15
Ralph has a long history in commercial litigation in both
state and federal court, with an emphasis on technology-related issues,
ERISA disputes, and Qui Tam government fraud cases. His
experience includes one of the largest e-discovery cases in Central
Florida in the 1990s, and several multi-billion dollar cases in the first decade of 2000s.
Ralph has unique practical experience as a computer user and
amateur programmer going back to 1978. He has worked with mainframes,
minicomputers, Macs and PCs, utilizing all applications imaginable, and
creating and designing software in the 1980s and Internet websites in
the 1990s. Ralph was the first lawyer in Central Florida to have a
computer on his desk, the first to use Westlaw, and the first lawyer in
Florida with an Internet website. He was also one of the first lawyers
in Florida in the field of Computer Law, dating back to the early 1980s
where he worked on computer database protection, software licensing,
and later, Internet law; see for instance, The Legal Protection of Computer Databases, Florida Bar Journal
(1991). Ralph has also worked with high-tech start-up companies, where
he helped develop a food service database which later became the
industry (IFDA) standard.
He has been involved in technology disputes of all kinds, including the e-discovery spoliation adverse inference decision, Optowave Co., Ltd. v. Dmitri G. Nitikin,
2006 WL 3231422 and 2006 Lexis 81345 (M.D. Fla. November 7, 2006), and
more recently, the billion dollar default sanction case, Leor Exploration & Production LLC v. Aguiar,
2010 WL 3782195 (Sept. 28, 2010, S.D.Fl.). He was also in the first
group of attorneys to be certified by the Florida Supreme Court as a
Mediator of Computer Law disputes in 1991 and has extensive experience
in alternative dispute resolution.
University of Florida College of Law, Gainesville, FL, 1979, J.D. Honors.
Vanderbilt University, Nashville, Tennessee, B.A., 1973.
Institute of European Studies, Vienna, Austria, 1971-1972.
U.S. District Court, Northern District of Florida.
U.S. District Court, Middle District of Florida.
U.S. District Court, Southern District of Florida.
U.S. Court of Appeals, Eleventh Circuit.
U.S. Supreme Court.
Professional Associations and Memberships:
- The Florida Bar.
- The Sedona Conference.
- American Bar Association.
- Federal Bar Association.
- Orange County Bar Association.
Some of Ralph's Recent Continuing Legal Education Presentations (last updated 2010, after which point there have literally been too many presentations to keep track of)
- Co-Chair and Panel Leader, Capital One Proportionality in e-Discovery Conference, Presentations on Search and on Small Cases, Washington D.C., October 2010.
- Keynote on Search and Professional Responsibility with Jason R. Baron and Judge John Facciola.
- Keynote on Smart Search and Professional Responsibility; and Panel leader with Judge David Waxse; (2010, Kansas City).
- Budgeting Panel; and Competency Testing; Georgetown e-Discovery Training Academy (2010, Wash. D.C.).
- Search Debate with Jason Baron at N.Y. Legal Tech 2010.
- e-Discovery Expert Q&A Discussions with Craig Ball and George Socha at N.Y. Legal Tech 2010.
- Search and Retrieval Technologies; and Ethics Panel; Georgetown Advanced E-Discovery Institute (2009, Wash. D.C.).
- The Future of Search, Multimedia presentation; Presentation on Economic Search; Event Co-Chair with Jason Baron of the Capital One e-Discovery Search Conference (Wash. D.C.,November 2009)
- Ethics Panel; Critical Cases Panel; West Thomson Reuters (Chicago, Oct. 2009).
- Introduction to e-Discovery to the City of Miami Beach Law Department. (Oct. 2009).
Critical Cases Panel; Addressing the Challenges of New Technologies Panel; West Thomson Reuters (N.Y., Oct. 2009).
- Local Rules Panel; Sedona Conference (Atlanta, Oct. 2009).
- Competency Testing; last two days of the five day Georgetown e-Discovery Training Academy intensive training program (July 2009, Wash. D.C.).
- New Developments in e-Discovery; Florida Attorney General's Economic Crimes Unit Annual Conference (2009, Orlando).
- e-Discovery and Electronic Content Management; EMC Annual Writers Conference on Electronic Content Management (New York City, 2009).
- Information Management Panel; EDRM Search Project Panel; Introduction to EDD Panel; Litigation Support Leaders Conference (2009 Wash. D.C.).
- Latest Cases Panel; Forms of Production Panel; Ethics and Privilege Panel; Search Panel; Texas Bar Association Electronic and Digital Evidence (2009 Houston).
- Latest Cases Panel; Ethics and e-Discovery Panel; ABA National Techshow (2009 Chicago).
- Electronic Records Management and e-Discovery; Two Day Presentation to NASA with Jason Baron (2009, Cape Kennedy).
- Competency Testing; last day of the five day Georgetown e-Discovery Training Academy intensive training program (February 2009, Wash. D.C.).
- Cutting Edge Developments in Search and Retrieval Technologies; Georgetown Law 5th Annual Advanced E-Discovery Institute (2008, Wash. D.C.).
- The Sedona Conference e-Discovery Evening; University of Florida School of Law (2008, Gainesville).
- Lawyers Behaving Badly: An Explanation of Unethical Conduct in e-Discovery; Mercer law School Symposium on Ethics (2008, Macon, Georgia).
- E-Discovery Teams; Masters Conference (2008, Washington D.C.).
- Hospital Risk Management and Electronic Discovery; AIG Annual Client Advisory Board Meeting (2008, Boston).
- E-Discovery/Patient Records Retention; Joint Annual Meeting of the Florida Academy of Healthcare Attorneys and Florida Healthcare Corporate Compliance Association (2008, Orlando)
- Search and Economics - two panel presentations; Legal Tech (West Coast), ALM Event (2008, Los Angeles).
- E-Discovery Team Solution; Legal Technology Exchange Conference (2008, Atlanta)
- E-Discovery: Current Trends and Cases, Florida Attorney General - Economic Crimes Conference (2008, Orlando).
- E-Discovery: An A-Z Workshop, West Legal Works (2008, Miami).
- E-Discovery Teams: The New Gold Standard, Harvard Club e-Discovery Program, ALM Event (2008, New York City).
- E-Discovery Panel Presentation, Lex Mundi North America Regional Conference Presentation (2008, Miami).
There is an extensive collection of e-discovery educational videos created by Ralph on YouTube, including his popular video creation with Jason R. Baron: e-Discovery: Did You Know?
See the list below of published decisions.
Unpublished cases of note include numerous computer law cases and the defense and prosecution of several billion dollar Qui Tam cases, and the billion dollar hacker default sanction case, Leor Exploration & Production LLC v. Aguiar, 2010 WL 3782195 (Sept. 28, 2010, S.D.Fl.).
- Negro Spiritual Scholarship Foundation
- Winter Park High School Crew Boosters (Past President 2001)
Computers, Internet, Dogs, Golf and Fishing.
- Barron v. General Elec., No. 8:05-CV-1046-T-17MAP, 2006 WL 905514 (M.D. Fla.2006)
- Baker v. Hartford Life and Accident Insurance Co., 371 F. Supp. 2d 1352 (M.D. Fla.2005)
- Barchus v. Hartford Life and Accident Ins. Co., 320 F. Supp. 2d 1266 (M.D. Fla. 2004)
- Belknap v. Hartford Life and Accident Ins. Co., 389 F. Supp. 2d 1320 (M.D. Fla. 2005)
- Bird v. Eastman Kodak Co., 290 F. Supp. 2d 1117 (M.D. Fla. 2005)
- Brevard Emergency Services v. EmCare, Inc., No. 6:04-CV-1892-ORL-28-JGG, 2005
- WL 1074272 (M.D. Fla. 2005)
- Chilton v. Prudential Ins. Co. of Am., 124 F. Supp. 2d 673 (M.D. Fla. 2000)
- Chiroff v. Life Ins. Co. of N. Am., 142 F. Supp. 2d 1360 (S.D. Fla. 2000)
- Clermont Builders Supply, Inc. v. General Const. & Design, Inc., 423 So. 2d 518 (Fla.5th DCA 1982)
- Cohen v. Hardman, 416 So. 2d 498 (Fla. 5th DCA 1982)
- Cook v. Theme Park Ventures, Inc., 633 So. 2d 468 (Fla. 5th DCA, 1994)
- Crume v. Metropolitan Life Insurance Co., 417 F. Supp. 2d 1258 (M.D. Fla., Feb. 14, 2006)
- Crume v. Metropolitan Life Insurance Co., 387 F. Supp. 2d 1212 (M.D. Fla. 2005)
- Crume v. Metropolitan Life Insurance Co., 388 F. Supp. 2d 1342 (M.D. Fla. 2005)
- Curran v. Abbott Laboratories Extended Disability Plan, 331 F. Supp. 2d 1376 (M.D. Fla. 2004)
- Curran v. Abbott Laboratories Extended Disability Plan, 2005 WL 894840 at *8 (11th Cir. 2005), aff'g order granting summary judgment, 331 F. Supp. 2d 1376 (M.D. Fla. 2004)
- Diaz v. Verizon Wireless Employee Benefits Committee, et al, 22 Fed.Appx. 879 (11th Cir. March 15, 2007), aff'g order granting summary judgment, 2006 WL 2471517 (M.D. Fla., August 24, 2006)
- DiSanto v. Wells Fargo & Co. and Metropolitan Life Insurance Co.,2007 WL 2460732 (M.D. Fla., August 24, 2007)
- Dowling v. Metropolitan Life Insurance Co., 355 F. Supp. 2d 1311 (M.D. Fla. 2004)
- Dunn v. Harris Corp., 2008 WL 2370172 (M.D. Fla. 2008)
- Earnest v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1327 (M.D. Fla. 2003)
- Featherston v. Metropolitan Life Insurance Co., 389 F. Supp. 2d 1302 (N.D. Fla. 2005)
- Featherston v. Metropolitan Life Insurance Co., 223 F.R.D. 647 (N.D. Fla. 2004)
- Fick v. Metropolitan Life Ins. Co., 320 F. Supp. 2d 1314 (S.D. Fla. 2004)
- Fick v. Metropolitan Life Ins. Co., 374 F. Supp. 2d 1271 (S.D. Fla. 2004)
- Fleming v. Metropolitan Life Ins. Co., No. 8:06-CV-88-T-23TBM, 2006 WL 709560 (M.D. Fla., March 16, 2006)
- Ganceres v. Cingular Wireless Health and Welfare Benefits Plan for Non-Bargained Employees, etc., et al., Case No. 3:04-cv-199-J-32-MMH, 2006 WL 2644919 (M.D. Fla. 2006)
- Hallford v. Metropolitan Life Ins. Co., 158 Fed.Appx. 198, 2005 WL 3159939 (11th Cir. 2005), aff'g order granting summary judgment, 367 F. Supp. 2d 1353 (N.D. Fla. 2005)
- Hufford v. Harris Corporation, 322 F. Supp. 2d 1345 (M.D. Fla. 2004)
- Image Data, L.L.C. v. Sullivan, 739 So. 2d 725 (Fla. 5th DCA 1999)
- Image Data, L.L.C. v. Sullivan, 745 So. 2d 567 (Fla. 5th DCA 1999)
- Jordan v. Lakeland Regional Medical Center, Inc., 153 F. Supp. 2d 1333 (M.D. Fla. 2001)
- Kennedy v. Metropolitan Life Insurance Co., Verizon Claims Review Committee, et al, 357 F. Supp. 2d 1346 (M.D. Fla. 2005)
- Kirk v. Metropolitan Life Ins. Co., 331 F. Supp. 2d 1361 (M.D. Fla. 2004)
- Lake v. Hartford Life and Accident Ins. Co., 218 F.R.D. 260 (M.D. Fla. 2003)
- Lake v. Hartford Life and Acc. Ins. Co., 320 F. Supp. 2d 1240 (M.D. Fla. 2004 ), aff'd percuriam, 126 Fed. App'x. 463 (11th Cir. 2004)
- Lake v. Hartford Life and Acc. Ins. Co., No. 8:03-CV-237-T-26EAJ, 2004 WL 1253784 (M.D. Fla. 2004)
- Lowe v. Telesat Cablevision Inc., 825 F. Supp. 1000 (M.D. Fla., 1993)
- Lowe v. Telesat Cablevision, Inc., 837 F. Supp. 410 (M.D. Fla., 1993)
- Mack v. Metropolitan Life Insurance Co., No. 06-14406, 2007 WL 1720471 (11th Cir. June 15, 2007)
- Mack v. Metropolitan Life Insurance Co., 2006 WL 2052365 (M.D. Fla. July 21, 2006)
- Metropolitan Life Ins. Co. v. Carter, No. 3:04-CV-668-J32HTS, 2005 WL 2810699 (M.D. Fla. 2005)
- Metropolitan Life Ins. Co. v. Carter, No. 3:04-CV-668-J32HTS, 2005 WL 1668865 (M.D. Fla. 2005)
- Meyer v. Hartford Life and Accident Ins. Co., 320 F. Supp. 2d 1256 (M.D. Fla. 2004)
- Mutual of Omaha Ins. Co. v. Gold, 669 So. 2d 362 (Fla. 5th DCA 1996)
- Mutual of Omaha Ins. Co. v. Gold, 681 So. 2d 1204 (Fla. 5th DCA 1996)
- Mutual of Omaha Ins. Co. v. Wood, 679 So. 2d 69 (Fla. 5th DCA 1996)
- Nicholson v. Ariko, 539 So. 2d 1141 (Fla 5th DCA 1989)
- Nicholson v. Ariko, 565 So. 2d 843 (Fla. 5th DCA 1990)
- Novak v. Irwin Yacht and Marine Corp., 986 F.2d 468 (11th Cir. 1993)
- Onofrietti v. Metropolitan Life Ins. Co., 320 F. Supp. 2d 1250 (M.D. Fla. 2004)
- Optowave Co., Ltd. v. Dmitri G. Nitikin, et al, 2006 WL 3231422 and 2006 Lexis 81345 - Case No. 6:05-cv-1083-ACC-DAB, Doc. 90 (M.D. Fla. 2006).
- Parness v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1347 (S.D. Fla. 2003)
- Providence v. Hartford Life and Accident Insurance Company, 357 F. Supp. 2d 1341 (M.D. Fla. 2005)
- Rementer v. Metropolitan Life Ins. Co., No. 6:04-CV-1148-ORL-22-JGG, 2006 WL 66721 (M.D. Fla. 2006)
- Revello v. Life Insurance Company of North America, No. 6:03-CV-1787-ORL, 2004 WL 1253887 (M.D. Fla. 2004)
- Riccard v. Prudential Ins. Co., 307 F.3d 1277 (11th Cir. 2002)
- Ridge v. Hartford Life and Acc. Ins. Co., No. 8:03-CV-1871-T-26EAJ, 2005 WL 889964 (M.D. Fla. 2005)
- Ridge v. Hartford Life and Acc. Ins. Co., 339 F. Supp. 2d 1323 (M.D. Fla. 2004)
- Sarasota Cloth Fabric & Foam, Inc. v. Benes, 502 So. 2d 1354 (Fla. 5th DCA 1987)
- Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986)
- Sejdic v. Group Long-Term Disability Plan for Employees of Homeside Lending, Inc., et al, 348 F. Supp. 2d 1313 (M.D. Fla. 2004)
- Shaler v. United of Omaha Life Ins. Co., 718 So. 2d 953 (Fla. 5th DCA 1998)
- Shaw v. Connecticut General Life Ins. Co., 353 F.3d 1276 (11th Cir. 2003)
- Shideler v. Connecticut General Life Insurance Company, et al, 563 So.2d1082 (Fla. 5th DCA 1990)
- Snider v. Cingular Wireless Health and Welfare Benefits Plan for Non-Bargained Employees, etc., et al, Case No. 3:04-cv-198-J-32-MMH, 2006 WL 2400952 (M.D. Fla. 2006)
- Thomas v. Lockheed Martin Information Sys., 155 F. Supp. 2d 1316 (N.D. Fla. 2001)
- Torres v. Pittston Co., 346 F.3d 1324 (11th Cir. 2003)
- UnitedHealth Group, Inc. v. Dowdy, 2007 WL 3202473 (M.D. Fla. October 29, 2007)
- Walker v. Connecticut General Life, 4 F.3d 999 (Table) (11th Cir. 1993)
- Wall v. Pennzoil-Quaker State Company et al, 358 F. Supp. 2d 1169 (S.D. Fla. 2004)