Ethan K. Ackerman

Of Counsel

Ethan Ackerman counsels clients in complex litigation and all levels of governmental investigations, with a focus on issues arising in eDiscovery. Working with clients as well as other counsel, Ethan advises on all phases of trial and governmental investigations, including HSR and Second Request responses. With an emphasis on proactive information governance, Ethan tailors strategies for effectively handling and minimizing data and provides prelitigation counseling regarding legal hold and preservation and data management policies.

Ethan is experienced in negotiating protective orders, privilege and privilege logging orders, and ESI orders; orchestrating discovery response planning and motions; negotiating and defending technology-assisted reviews; planning generative AI-assisted document review workflows; defending privilege disputes; and planning discovery cost recovery. This experience spans practice before state and federal courts, antitrust agencies, state attorney general investigations, federal and state multidistrict litigation proceedings and state-coordinated proceeding equivalents, and state and federal licensing and regulatory agencies.

Ethan also maintains an active pro bono practice, representing nonprofit organizations in litigation and individuals in benefits or immigration proceedings and appeals.

Prior to joining Morgan Lewis, Ethan served as legislative counsel for a US senator, advising on legal and policy issues before the Senate Judiciary and Commerce Committees, including federal courts and civil procedure rules, privacy, telecommunications, intellectual property (IP), antitrust issues, and information policy.

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  • Represented a multinational banking and financial services corporation as an outside national discovery counselor in multiple state and federal litigations and regulatory investigations.
  • Served as eDiscovery lead on a team securing antitrust approval for a hospital system’s acquisition of additional hospital assets following compliance with a Second Request issued by the Federal Trade Commission (FTC)
  • Served as eDiscovery lead on a team securing antitrust approval for a commodity exchange’s acquisition of a mortgage and capital markets technology company following compliance with a Second Request issued by the FTC
  • Served as eDiscovery lead on a team that defended a media publishing company’s non-HSR-reportable joint venture with another media publishing company in connection with a post-closing investigation conducted by the US Department of Justice (DOJ)
  • Represented a multinational technology and search provider in defending federal and state law antitrust claims in a multidistrict litigation and parallel state and class actions; served as eDiscovery disputes lead
  • Represented a nationwide health insurance provider and its pharmacy benefit management arm in MDL and related class litigations over rebate pricing of covered drugs, leading to favorable discovery rulings on TAR validation and privilege logging orders
  • Data collection and discovery dispute counseling for a team representing a statewide health insurance provider in connection with its proposed acquisition of a statewide health insurance provider before the DOJ
  • Led state court discovery response and dispute efforts in the representation of a multinational banking and financial services corporation in two related breach-of-contract and bad-faith actions in a North Carolina state court seeking to recover hundreds of millions of dollars in damages in connection with defaulted first- and second-lien mortgage loans
  • Led discovery response and dispute efforts in the representation of a multinational banking and financial services corporation in a North Carolina arbitration seeking to recover in excess of $100 million in mortgage insurance proceeds
  • Led discovery planning and forensic evidence response efforts in the representation of a global spinal and orthopedic implant manufacturer in the defense of equitable and legal claims of unfair competition and tortious interference asserted by an industry competitor
  • Led offensive and defensive discovery efforts as part of a representation of one of the nation’s largest 501(c)(3) organizations in a multimillion-dollar civil RICO and malicious prosecution action in the US District Court for the District of Columbia
  • Represented a life sciences client in connection with discovery dispute aspects of a DOJ investigation of alleged violations of the Foreign Corrupt Practices Act (FCPA) arising out of business in Latin America
  • Represented a managed care organization in connection with a federal investigation of its Medicare Advantage plans
  • Associate designated for all eDiscovery matters on a trial team that represented an international oilfield services company and its subsidiaries in the multidistrict litigation, and related
  • Congressional and regulatory inquiries, arising from the 2010 oil spill by the Deepwater Horizon oil rig; discovery counseling continued through all phases of pretrial and trial practice; the trial team obtained a directed verdict after a two-month bench trial
  • University of Washington School of Law, 2002, J.D.
  • Gonzaga University, 1999, B.S., with honors
  • District of Columbia
  • US District Court for the District of Columbia

Member, Litigation Section, District of Columbia Bar

Member, E-Discovery Committee, District of Columbia Bar