Ethan K. Ackerman

Of Counsel

Ethan Ackerman counsels clients in complex litigation and all levels of governmental investigations, particularly as it relates to electronic discovery. Working with clients and also with other counsel, Ethan tailors plans for effectively handling, and minimizing, electronic discovery in civil litigation, arbitration or administrative proceedings. He advises on all phases of trial and governmental investigations practice, including prelitigation counseling regarding legal hold and document preservation, information management and records retention policies. He is experienced in negotiating protective and ESI orders, orchestrating discovery response planning and motions, negotiating and defending technology-assisted reviews, and planning discovery cost recovery.

Extended Profile

Ethan maintains an active pro bono practice, representing nonprofit organizations in litigation and individuals in benefits 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.

selected representations

Representation of a multinational banking and financial services corporation as outside national discovery counsellors in multiple state and federal litigations and regulatory investigations.
Representation of a multinational banking and financial services corporation in two related breach-of-contract and bad-faith actions in North Carolina state court seeking to recover hundreds of millions of dollars in damages in connection with defaulted first- and second-lien mortgage loans.
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.
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.
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.
Representation of a life sciences client in connection with a DOJ investigation of alleged FCPA violations arising out of business in Latin America.
Representation of 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 successfully 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.