Ben Barnett is a nationally-recognized and widely-respected eDiscovery attorney having led discovery or disclosure projects in significant litigation and government investigations for more than 15 years. Mr. Barnett has served as the lead discovery attorney in a number of high-profile matters, including the Takata Airbag litigation and litigation and investigations involving a broad range of pharmaceutical products including Vioxx, Vytorin, Baycol, and Seroquel, where he was retained as substitute lead discovery counsel after entry of a sanctions ruling.
Chambers Global and Chambers USA rank him as a leading eDiscovery lawyer and praise his “sophisticated practice” and "excellent work." The Legal 500 United States describes him as “an absolute expert on discovery.”
Mr. Barnett has briefed, argued, and won key discovery disputes in dozens of federal and state courts, defended IT executives in hearings and depositions, worked effectively with multiple discovery special masters, and successfully resolved hundreds of complex discovery issues through negotiations with government and opposing counsel. In many instances, his work was done in the context of virtual law firms working to collectively defend companies facing simultaneous civil litigation and criminal investigations. Mr. Barnett has also served as trial counsel for companies facing discovery sanctions and as a strategic advisor to clients dissatisfied with the performance of their existing eDiscovery team.
Recently, Ben has been retained by clients to develop strategies and manage teams responding to government investigations. Increasingly, these investigations involve multiple jurisdictions, which creates a broad range of legal and technical challenges, including multiple languages, data transfer restrictions, and navigating potentially conflicting privacy regulations that may impact the ability to collect, review, and produce data. Through this client work, Ben has expanded his expertise in privacy and cybersecurity issues.
In keeping with his long-standing commitment to public service, Mr. Barnett also maintains an active pro bono trial and appellate practice. Watson v. Rozum, No. 13-3510 (3rd Circuit 2016) (won reversal after briefing and oral argument); Barnett v. Pennsylvania Department of Public Welfare, No. 1697 (Commonwealth Court 2013) (won on brief); Beaton v. Tennis, et al., No. 10-3325 (3rd Circuit 2012) (lost following oral argument and denial of petition for rehearing); Cerome v. Moshannon Valley Correctional Center, et al., No. 09-2070 (3rd Circuit 2010) (won reversal following briefing as court-appointed amicus counsel).
Prior to joining Dechert, Mr. Barnett served as an Assistant United States Attorney in the Eastern District of Pennsylvania and the District of Columbia. He also worked on Capitol Hill for five years prior to and during law school.