Defending The Digital Workplace

An ebusinesscounsel.com publication

Professional and Personal Background

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Jason M. Shinn has nearly 10 years of legal experience representing the legal interests of publicly traded and local and national privately held companies. His law firm, E-Business Counsel, is dedicated to collaborating with businesses professionals to genuinely understand their objectives and implementing a plan to efficiently achieve those objectives. Mr. Shinn brings his big law firm, big client experience to every matter … without the big time price tag.

Mr. Shinn is licensed to practice law in Michigan and is also admitted to the Federal District Courts for the Eastern and Western District of Michigan, Northern District of Ohio, and the Bankruptcy Court for the Eastern and Western Districts of Michigan. He has nearly ten years of experience as a legal counselor and litigator with reputable national, regional, and local law firms. As a an attorney, he has spent his entire legal career representing companies from large national corporations to small start-up companies in numerous industries, including manufacturing, finance, health, technology, and telecommunications. Jason Shinn’s legal practice and professional interests, however, focuses on the following subjects:

  • Employment Law: Mr. Shinn handles a range of complex, management-side employment issues relating to anti-discrimination, disability, and leave laws. Mr. Shinn also has experience in other employment matters, including wage payment, trade secret and non-competition law, and wrongful termination. Jason regularly counsels clients’ legal and human resources teams and provides training and updates on a host of workplace issues. He has also litigated these matters in state and federal courts.
  • Employment Law 2.0: Technology has transformed the workplace. This transformation has brought new and variations on “old” issues that HR professionals and business organizations must address. Examples include the widespread use of social media sites – think MySpace, LinkedIn, and Facebook – by employees and potential employees. Or drafting technology use and social media policies to minimize risks that range from on-line defamation claims, disclosure of confidential & proprietary information, and discrimination claims. Other examples include telecommuting, on-line contracting, and responding to matters under state and federal computer statutes, such as the Computer Fraud and Abuse Act.
  • E-commerce: Mr. Shinn regularly counsels established business organizations, entrepreneurs, and start-up companies on minimizing the legal risks related to e-commerce business, creating and protecting website content, including rights under trademark and copyright laws, on-line defamation claims, drafting terms of use that minimize on-line risks (e.g., where litigation can be filed, what jurisdiction’s law applies to such litigation, and the scope of damages that may be allowed), securing and defending domain name rights, blogging, and social networking. He has also advised on a variety issues including content, CAN-SPAM, FTC, and privacy compliance, and copyright, trademark, and confidentiality.
  • Technology & Intellectual Property transactions and licensing: Mr. Shinn regularly counsels on fundamental issues that both licensors and licensees confront in software development, content materials, and other intellectual property. This experience includes ancillary matters such as software maintenance and support.
  • Privacy and data security law: Securing information stored in digital databases has become increasingly challenging for businesses, which has been further exacerbated by the patch-work of state, federal, regulatory, and international requirements for data security and breach notification. Mr. Shinn works with organizations in the field of privacy and data security law to address these challenges. He is considered to be a practical problem solver on issues arising from the collection, use, retention, sharing, and security of personal data;
  • E-Discovery: Mr. Shinn’s e-discovery experience dates back to 2001 – before “e-discovery” was coined. Like any pioneer, Mr. Shinn has made significant in-roads and taken his share of arrows representing corporate clients and assisting in-house counsel to comply with their ethical and legal obligations under state and federal law. But this experience from the “digital trenches” routinely provides clients and their attorneys a solid foundation to respond to challenges presented by e-discovery, as well as to leverage opportunities. Representative e-discovery matters include:
  • National E-Discovery Counsel for international manufacturer. Mr. Shinn was responsible for addressing e-discovery matters in over a hundred product liability claims filed across the United States. This required addressing the business needs of the client while balancing its legal and ethical obligations to preserve and produce digital information claimed to be relevant to the various suits.
  • Retained as E-discovery consultant. Retained by law firm to plan and implement both an offensive and defensive e-discovery strategy in preparation for pending litigation.
  • Forensic Inspections: Mr. Shinn has extensive experience in state and federal courts pursuing and responding to forensic examinations of hard drives, databases, and email.
  • Preservation, Collection, Review, Production, and Lifting Legal Holds: Mr. Shinn has extensive experience managing all aspects of e-discovery from the trigger date for preserving digital information through the lifting of the legal hold. Specifically, Mr. Shinn routinely works with IT professionals and management at the outset of litigation to implement a defensible preservation plan that makes business and meets the client’s legal obligations, From there, he has used various solutions, in-house or third-party applications, to organize and review digital information ranging from megabytes up to hundreds of gigabytes (100 Gigabytes could hold the entire library floor of academic journals).

Additionally, Mr. Shinn has consulted with law firms and inside counsel on establishing e-discovery “best practices.” He has also lectured and written extensively on the subject of e-discovery and litigating technology issues.

Education: Mr. Shinn earned his J.D. from Wayne State University Law School in 2001 and earned his B.S. in Psychology from Central Michigan University in 1997. Mr. Shinn graduated from Wayne State cum laude and in the top 20% of his class. While at Central Michigan, Mr. Shinn was awarded a research grant relating to replicating the biological effect of Huntington disease in rodents.

Bar Admissions: Mr. Shinn is admitted to practice in Michigan and Ohio. He is also admitted to practice in the U.S. District Court for the Eastern and Western Districts of Michigan, and the U.S. District Court Northern District of Ohio.

Professional Membership:

Recent Published Works and Presentations

  • The Impact of the Electronic Revolution on Employment Liability Claims, Continuing Education Presentation to various insurance claim professionals, 2008
  • Adding to the Playbook: Protecting Against Misappropriation of Competitive Advantages, Article appearing in Michigan Manufacturing Insight, 2008
  • The Corporate Playbook: Responding to E-discovery Challenges, Presentation to in-house counsel and C-Level management of various companies, 2008
  • Federal Rule of Civil Procedure 37(e)’s Safe Harbor: What You Need to Know to Protect Your Firm and Your Clients, Podcast for Legal Technology Radio, 2008
  • Breaking from the Digital Flock: Responding to Litigation Involving Electronically Stored Information, Article appearing in Mich Bus Law Journal, 2007
  • Taming Pandora’s Electronic Box? Piecing together the Amendments to the Federal Rules of Civil Procedure, In-house Presentation for the firm Lipson, Neilson, Cole, Seltzer & Garin, P.C., 2006
  • Employees Beware: The CFAA Provides Employers with a Cause of Action Against Employees Who Destroy Company Digital Data, Article in Labor & Employment Law Notes, 2006
  • Conducting Electronic Discovery in Employment Litigation, Lucas County Bar Association Presentation, 2003
  • Pandora’s Electronic Box: Electronic Discovery in Litigation, Ohio Judicial Conference, 2003

Feel free to contact Jason Shinn for more information about his practice, the content on this Blog and his availability to present to your organization on these subjects at 248-881-2055 or jshinn@ebusinesscounsel.com.

Jason Shinn
Jason Shinn

Written by Jason Shinn

December 9, 2007 at 10:57 am

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