Bob Owen has decades of commercial litigation experience in New York, Illinois and around the country. A nationally recognized adviser to financial services, energy and technology companies, Bob is known for efficient, creative and early dispute resolution. He has handled hundreds of cases before federal and state courts and arbitration panels throughout the United States. His accomplishments as a trial lawyer are recognized by the National Institute of Trial Advocacy which has invited him to teach trial skills at its flagship national program in Boulder, Colorado (seven times) and at many of its regional programs.
Bob is a nationally recognized authority in e-discovery, managing the costs and risks that e-discovery now adds to the litigation calculus. Bob currently serves as Partner in Charge of the Eversheds Sutherland (US) New York office. Chambers consistently rates him as one of six first rank leading individuals in e-discovery nationally, and reports that he is “‘clearly a leader in the field’ of e-discovery” who is “revered by his clients as ‘a visionary whose knowledge...of e-discovery is top tier’” and is “recognized as ‘a seasoned litigator who has the unique perspective of being both skilled in the law and in technology.’” In addition, he is president of the non-profit Electronic Discovery Institute and a member of Bloomberg Law’s Litigation Innovation Board, which advises Bloomberg on the company’s forthcoming litigation and analytics solutions.
Awards and Rankings
“Bob Owen is “a highly-regarded e-discovery specialist, who wins market approval as ‘a stellar guy with a great reputation.’” -Chambers and Partners
Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2019)
Recognized by The Legal 500 United States as a “Leading Lawyer” in e-discovery (2019)
Selected for inclusion in Expert Guides (2018)
Named to the Who’s Who Legal Litigation guide in the area of E-Discovery (2016-2019)
Named to the Who's Who Legal: Thought Leaders - Litigation (2020)
Recognized in the Guide to the World’s Leading Practitioners in Litigation and Product Liability (2016)
Recipient, Al Cortese Award, Lawyers for Civil Justice (2015)
Recipient, BTI Client Service All-Star, one of 318 client-nominated honorees nationally (2011)
Recognized as an Outstanding Contributor by Lawyers for Civil Justice (2011)
Recognized by Chambers Global: World’s Leading Lawyers for Business as a Leading Individual nationally in the area of Litigation: eDiscovery, Band 1 (2010-2020)
Recognized by The Legal 500 United States in the areas of e-discovery (2019) and technology, data protection and privacy (2010)
Recognized by Chambers USA: America’s Leading Lawyers for Business as a Leading Individual nationally in the area of Litigation: eDiscovery, Band 1 (2009-2020)
Selected as a Leading Lawyer, competition and antitrust, Guide to World’s Leading Lawyers (2007)
Selected for inclusion in New York Super Lawyers (2006-2012, 2014-2019)
Recognized as a Top Commercial Litigation Lawyer, Corporate Counsel magazine (2006)
Named to The Best Lawyers in America in the area of commercial litigation (2005-2020)
Experience
“I think earned accomplishment is the principal source of human happiness, so I find it very satisfying to get good results for my clients. I like bonding with my clients, and I think it’s a mistake when lawyers distance themselves from their clients. My most successful client relationships have been with people who have become my friends, and we worked as a team.”
Experience
Secured a zero-dollar settlement for a consumer goods manufacturer in multiple statewide consumer fraud class actions.
Defends a New York-based financial services firm against a $100 million bankruptcy-related claim and other litigation.
Settled favorably a breach of contract case as lead jury trial counsel for a global telecom company.
Represents a financial services company in New York state court regarding a fraudulent conveyance claim.
Multimedia
Legaltech - Supremacy (April 23, 2020)
Casetext’s The Modern Lawyer Podcast
Eversheds Sutherland Partner Bob Owen speaks on Casetext’s The Modern Lawyer Podcast about the legal technology initiatives Eversheds Sutherland is deploying. He shares details on pain points he’s ...
Videocast: How to Handle a Hack (July 18, 2017)
Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and ...
Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...
Webcast: Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (November 17, 2015)
Please join Sutherland attorneys Bob Owen, Mark Thibodeaux and Tracey Ledbetter for a webcast as they provide an overview of the recent history of cyber breach litigation outcomes, including ...
Video: FRCP Amendments: Fresh Approaches to Scope, Sanctions and More? (October 10, 2015)
Defense Research Institute Annual Meeting
Sutherland Partner Bob Owen presents “FRCP Amendments: Fresh Approaches to Scope, Sanctions and More?” at the Defense Research Institute Annual Meeting on October 10, 2015, in Washington, DC.
Webcast: Real Life Minority Report ? - Insurers Grapple With Big Data's Implications (January 13, 2015)
The future that Tom Cruise lived in - where criminal behavior was predicted and stopped before it happened - may be closer than many people realize. Predictive analytics, driven by our constant ...
Videocast: How to Control Risk & Cost of eDiscovery (July 18, 2014)
Electronic discovery drives a predominant amount of cost and risk in today’s litigation. Although proposed amendments to the Federal Rules of Civil Procedure will help, there are at minimum four ...
Videocast: Preserving the Attorney-Client Privilege: Dos and Don’ts for In-House Counsel (April 30, 2013)
As in-house counsel increasingly wear many hats and perform non-legal functions, courts have started to closely scrutinized documents withheld by in-house counsel on privilege grounds. This videocast ...
News
In the News
Eversheds Sutherland Sets Out Stall on Chicago's Magnificent Mile (May 30, 2019)
The Global Legal Post
Eversheds Sutherland has opened up a Chicago office, the first new US office since the combination of Eversheds and Sutherland Asbill & Brennan in February 2017. The Chicago office, which is set to ...
Eversheds Sutherland Opens up in Chicago (May 30, 2019)
Chicago Daily Law Bulletin
Eversheds Sutherland has launched a Chicago office, marking its first Midwest location and furthers its position as a leading global law practice. Eversheds Sutherland now has 68 offices in 34 ...
Eversheds Sutherland Open Chicago Office (May 30, 2019)
RE Journals
Eversheds Sutherland announced the opening of a Chicago office, set to be housed at 900 N. Michigan Avenue. The office will be led by Marc Benjamin, a veteran real estate lawyer, as well as real ...
Eversheds Sutherland Opens Chicago Office With BigLaw Vets (May 29, 2019)
Law360
Eversheds Sutherland announced Wednesday that the it has opened a Chicago office, its first in the Midwest, with leaders recruited from Kirkland & Ellis, White & Case, and the New York office. The ...
Atlanta's Fifth-Largest Law Firm Expands to Chicago (May 29, 2019)
Atlanta Business Chronicle
Eversheds Sutherland opened a Chicago office, the first expansion in the US since Sutherland Asbill & Brennan LLP merged with United Kingdom law firm Eversheds in February 2017. The expansion to ...
Attorneys Eye Cybersecurity Safeguards for Litigation (March 2, 2018)
Bloomberg Law
Eversheds Sutherland Partner Robert Owen is quoted in this Bloomberg Law article discussing the need for attorneys to safeguard sensitive information for clients as a result of recent data breaches ...
Cybersecurity Insurance is a 'Must Have' for Law Firms (November 1, 2016)
ABA Journal
Sutherland Partner Robert Owen is quoted in this ABA Journal article discussing the importance of law cybersecurity insurance for law firms. In the first quote, there is an extra space after the ...
DC Federal Judge Dismisses Data Breach Class Action for Lack of Standing (August 17, 2016)
Bloomberg Law
Sutherland Partners Matt Gatewood and Robert Owen are mentioned in this Bloomberg Law article for representing the defendant health insurer in Chantal Attias et al. v. CareFirst, Inc. et al. On ...
Data Breach Case Against Health Insurer Dismissed for Lack of Standing (August 10, 2016)
Law360
In this article published by Law360, Sutherland Partners Matt Gatewood and Robert Owen are mentioned for representing the defendant health insurer in Chantal Attias et al. v. CareFirst, Inc. et ...
From Student to Master: E-Discovery Education Comes to the Forefront (April 26, 2016)
Legaltech News
Partner Robert Owen is quoted in this Legaltech News article regarding the lack of formal education on e-discovery at law schools. “Many students are struggling to learn how e-discovery-related ...
Press Releases
24 Eversheds Sutherland Practice Areas, 63 Attorneys Named Among Nation’s Best in 2020 Chambers USA (April 23, 2020)
Eversheds Sutherland is pleased to announce that 24 practices and 63 attorneys have earned recognition in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Acritas Stars Recognizes 26 Eversheds Sutherland Attorneys for Outstanding Client Service (April 2, 2020)
Eversheds Sutherland is pleased to announce that 26 attorneys have been recognized as stand-out attorneys in the 2020 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...
Nine Eversheds Sutherland US Attorneys, Three US Practices Recognized in 2020 Edition of Chambers Global (February 13, 2020)
Eversheds Sutherland is pleased to announce that nine attorneys and three practices earned recognition in the 2020 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers Global is ...
19 Eversheds Sutherland Practice Areas, 87 Attorneys Named Among Nation’s Best in 2019 Legal 500 United States (June 10, 2019)
Eversheds Sutherland is pleased to announce that 19 practice areas and 87 attorneys have been recognized in the 2019 edition of The Legal 500 United States, a comprehensive survey of legal service ...
Eversheds Sutherland Opens Chicago Office (May 29, 2019)
CHICAGO-Eversheds Sutherland today announced the opening of a Chicago office, the first new US office since the combination of Eversheds and Sutherland Asbill & Brennan in February 2017. Chicago ...
19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Acritas Stars Recognizes 22 Eversheds Sutherland Attorneys for Outstanding Client Service (March 20, 2019)
Eversheds Sutherland is pleased to announce that 22 attorneys have been recognized as stand-out lawyers in the 2019 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...
Five Eversheds Sutherland US Attorneys, Two US Practices Recognized in 2019 Edition of Chambers Global (February 14, 2019)
Eversheds Sutherland is pleased to announce that five attorneys and two practices earned recognition in the 2019 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers Global is ...
Seven Eversheds Sutherland Attorneys Named 2018 New York Metro Super Lawyers and Rising Stars (September 13, 2018)
NEW YORK-Eversheds Sutherland (US) LLP is pleased to announce that six attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. Additionally, one attorney ...
19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...
Presentations
“It is impossible to achieve perfection in preserving potentially relevant evidence, but in striving to do so, current law has created a system that is materially flawed and that needs new and definitive guidelines.”
Presentations
Disclosure and Discovery, including E-Discovery, and Litigating Cases Efficiently (May 4, 2017)
NYSBA Commercial Litigation Academy 2017
Eversheds Sutherland (US) Partner Bob Owen presents, Disclosure and Discovery, including E-Discovery, and Litigating Cases Efficiently at the NYSBA Commercial Litigation Academy 2017 on May 4 in ...
Game Over: Ending Custodian-Based Over-Preservation using 26(b)(1) & 37(e) (April 28, 2017)
EDI Spring Meeting
Eversheds Sutherland (US) Partner Bob Owen moderates the panel, Game Over: Ending Custodian-Based Over-Preservation using 26(b)(1) & 37(e) at the EDI Spring Meeting on April 28, 2017, in San Diego, ...
Top Ten Tools for Rules-Based Advocacy (February 2, 2017)
LegalTech
Eversheds Sutherland (US) Partner Robert Owen joins a panel to present “Top Ten Tools for Rules-Based Advocacy” at the LegalTech Conference on February 2, 2017, in New York, New York.
Rules Update - Key Issues for In-House Counsel (January 30, 2017)
Corporate Counsel Roundtable
Eversheds Sutherland (US) Partner Robert Owen joins a panel to present “Rules Update - Key Issues for In-House Counsel” at the Corporate Counsel Roundtable on January 30, 2017, in New York, New York.
Federal Judges’ Guide to Discovery Webinar Series (May 4, 2016)
Electronic Discovery Institute
The Electronic Discovery Institute (EDI) has launched a new discovery manual-The Federal Judges’ Guide to Discovery-to provide guidance to practitioners regarding the themes of the 2015 amendments to ...
Mitigating Risk with Information Governance and Insight (February 3, 2016)
LegalTech New York 2016 Conference
Sutherland Partner Robert Owen is a panelist on “Mitigating Risk with Information Governance and Insight” at the LegalTech New York 2016 Conference on February 3, 2016, in New York City. This session ...
Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...
Webcast: Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (November 17, 2015)
Please join Sutherland attorneys Bob Owen, Mark Thibodeaux and Tracey Ledbetter for a webcast as they provide an overview of the recent history of cyber breach litigation outcomes, including ...
Video: FRCP Amendments: Fresh Approaches to Scope, Sanctions and More? (October 10, 2015)
Defense Research Institute Annual Meeting
Sutherland Partner Bob Owen presents “FRCP Amendments: Fresh Approaches to Scope, Sanctions and More?” at the Defense Research Institute Annual Meeting on October 10, 2015, in Washington, DC.
Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions (September 28, 2015)
BlueCross BlueShield Association Legal Department Cooperative Cybersecurity Summit
Sutherland attorneys Bob Owen and Mark Thibodeaux present “Once More Unto the Breach: Litigating the Aftermath of Cyberknaves’ Invasions” during the BlueCross BlueShield Association Legal Department ...
Publications
“Preservation law impacts daily practices in corporations and courts across the nation. Yet, this regime-which reflects the common law evolved from individual decisions rendered in singular cases-is materially flawed and needs substantial change.”
Legal Alerts
COVID-19 and the CARES Act-Litigation Considerations (March 30, 2020)
The CARES Act is a massive stimulus package proposed in response to the economic crisis caused by COVID-19, as described in our The Coronavirus Aid, Relief, and Economic Security Act: Initial Topic ...
Legal privilege of corporate internal investigations under US law-2019 caselaw update (December 19, 2019)
Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be ...
Second Circuit broadens litigants’ ability to seek discovery for foreign legal proceedings (October 10, 2019)
In collaboration with Eversheds Sutherland attorneys Rachael Shek and James Southworth .
On October 7, 2019, the US Court of Appeals for the Second Circuit extended litigants’ ability to seek discovery under 28 U.S.C. 1782. Parties typically pursue discovery as part of the litigation ...
Legal Alert: Sixth Circuit allows discovery in international private arbitration (September 25, 2019)
In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. 1782(a) authorizes discovery “for use in a ...
Legal Alert: HAL are you ADA compliant? Recent suits raise questions about digital kiosk compliance under ADA (September 13, 2019)
A recent spate of suits against several major retailers has raised questions about whether self-service checkouts and other kiosks must comply with the requirements of Title III of the Americans with ...
Legal Alert: Passing the eye test-Defense strategies and the Biometric Information Privacy Act (September 10, 2019)
As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or ...
Legal Alert: Dangerous seas ahead - the California Consumer Privacy Act and litigation risk (September 5, 2019)
While many breathed a sigh of relief when the California legislature provided only a limited private right of action for data breaches under its sweeping new privacy law-the California Consumer ...
Deference or preference - looking ahead at the impact of the US Supreme Court’s indecision on questions of agency authority (August 8, 2019)
The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits ...
Regulators’ approach to enforcement - an international comparison (July 25, 2019)
On July 9, 2019, the United Kingdom’s Financial Conduct Authority (FCA) published its latest Enforcement annual performance report for the year 2018/19. This follows the publication of its final FCA ...
Survival of the deference-Auer deference evolves in Kisor v. Wilkie (June 27, 2019)
On June 26, 2019, the US Supreme Court handed down a long-awaited decision in Kisor v. Wilkie, a case that challenged Auer deference, a long-standing doctrine of administrative agency law that ...
Articles
US Cybersecurity and Data Privacy review and update: Looking back on 2019 and planning ahead for 2020 (February 4, 2020)
In collaboration with Eversheds Sutherland attorneys Paula Barrett, Jake McQuitty, Craig Rogers, Jennifer Van Dale, Rhys McWhirter and David Cook .
The reality of cybersecurity and data privacy threats and regulations proved a sobering one for many companies in 2019.The cost of data privacy began to hit home in January, with French ...
The state of the states: Under the national radar, state discovery rules are changing, too (Fall 2019)
Partnering Perspectives
Whether it is through the legislative process, state rules committee action, or judicial fiat, more and more states are following the 2015 example set by the Federal Civil Rules Advisory Committee ...
The perils of direct marketing: Why cannabis industry participants should undergo a TCPA/ADA compliance checkup (September 20, 2019)
Cannabis Business Times
As the cannabis industry continues to expand, attacks have begun on direct marketing (text, call, etc.) campaigns undertaken by cannabis-related businesses. Cannabis advertising is heavily regulated, ...
Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019 (March 1, 2019)
From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to ...
2017 Cybersecurity Litigation Year in Review and Forecasts (December 21, 2017)
New York Law Journal
Cyber-related litigation continues to be volatile, with 2017 witnessing several momentous developments including rulings on standing, the extent of insurance coverage, the fate of the Fourth ...
The Triggers for Work Product Protection and the Duty to Preserve Are Not Identical (Fall 2017)
Partnering Perspectives
Some Federal Courts have conflated the triggers for work product protection and document preservation. In their article for the Fall 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) ...
Skin in the Game: A Proposed Co-Pay Requirement for Discovery-Requesting Parties (October 6, 2017)
Washington Legal Foundation - Legal Backgrounder
Skyrocketing discovery costs call for a fundamental shift in how parties approach and pay for discovery. One effective and simplistic way to achieve this goal is to incorporate into the discovery ...
Federal Court’s Inherent Authority Revisited (June 2017)
Captive Insurance Company Reports
In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway ...
Rule 41 - A Hacking by Any Other Name... (Spring 2017)
Partnering Perspectives
In their article for the Spring 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) attorneys Mark Herlach, Robert Owen, Phillip Stano, Mary Jane Wilson-Bilik, Trevor Satnick and John ...
Are You Prepared for New York State’s Cybersecurity Requirements for Financial Services Companies? (November 14, 2016)
New York Law Journal
The New York Department of Financial Services recently proposed a set of rules referred to as the “Cybersecurity Requirements for Financial Services Companies.” If passed in their current form, the ...
Newsletters
Partnering Perspectives (Fall 2019)
We are pleased to present the Fall 2019 edition of Partnering Perspectives. Technology, data privacy new types of transactions, and new legislation can challenge in-house legal departments. Keeping ...
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2017)
With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. We are pleased to present ...
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2017)
We are pleased to present the Spring 2017 edition of Partnering Perspectives, which provides insight into a number of developing legal issues with important multinational implications. Articles ...
Books
The Federal Judges’ Guide to Discovery (December 2015)
Electronic Discovery Institute
Sutherland Litigation Partner Robert Owen is Editor-in-Chief of, and also contributed chapters to, The Federal Judges’ Guide to Discovery. The Guide was published by the non-profit Electronic ...
Chapter 7: Navigating Data Loss at Trial ( 2015 American Bar Association)
From the Trenches: Strategies and Tips from 21 of the Nation’s Top Trial Lawyers
In From the Trenches: Strategies and Tips from 21 of the Nation’s Top Trial Lawyers, Sutherland Partner Robert Owen contributed Chapter 7. In it, Bob suggests themes, surveys and strategies, and ...
