Seth D. Rothman is a litigation partner at Hughes Hubbard & Reed LLP, who focuses his practice on complex commercial litigation, arbitration, products liability and mass torts. Seth has more than 30 years of experience representing clients in courts throughout the country, in arbitrations, and before other tribunals. He has been involved in high stakes matters on behalf of leading pharmaceutical companies, financial institutions, and multinational corporations. Seth is Co-Chair of the firm’s Asia Pacific Practice Group and has significant experience representing Japanese clients in international arbitrations and U.S. litigation.
Seth is also Chair of the firm’s Data Privacy and Cybersecurity Practice Group and the co-Chair of the Information Governance & eDiscovery Practice Group. He regularly advises clients on data privacy, cybersecurity, incident response, data collection, cross-border transfers, compliance, ediscovery, litigation preparedness, and document management. He writes and speaks regularly on these topics.
Highlighted Publications and Lectures
“Shields Up”: What You Should Be Doing to Prepare for Russian Cyberattacks, Hughes Hubbard & Reed LLP Client Advisory, February 2022 (co-author)
“U.S. Trends: Facial Recognition Technology and ESG [environmental, social and governance],” NEC Corporation Webinar, October 1, 2021 (speaker)
What the Biden Administration Will Mean for Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, January 2021 (co-author)
International Arbitration – Potential Advantages for Japanese Companies, AOS/Hughes Hubbard & Reed LLP Webinar, December 16, 2020 (speaker)
Class Certification Denied in Antitrust Lawsuit against Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, November 2020 (co-author)
International Arbitration: Discovery Strategies, Fronteo/Hughes Hubbard & Reed LLP Webinar, November 19, 2020 (speaker)
U.S. Litigation – How to Prepare, Protect Yourself and Maximize Your Chance of Success, AOS/Hughes Hubbard & Reed LLP Webinar, October 13, 2020 (speaker)
Impact of Schrems II On Anti-Corruption Compliance Programs, Hughes Hubbard & Reed LLP Client Advisory, September 2020 (co-author)
GAO Report: Facial Recognition Technology Privacy and Accuracy Issues Related to Commercial Uses, Hughes Hubbard & Reed LLP Client Advisory, August 2020 (co-author)
The EU‑U.S. Privacy Shield Is Invalid: What Now?, Hughes Hubbard & Reed LLP Client Advisory, July 2020 (co-author)
Facial Recognition Technology: The Expanding Regulation of Private Sector Use, Hughes Hubbard & Reed LLP Client Advisory, July 2020 (co-author)
Protecting Yourself from U.S. Litigation: Jurisdiction over a Japanese Parent Company, Hughes Hubbard & Reed LLP Client Advisory, June 2020 (co-author)
An Overview of U.S. Bankruptcy Law for Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, May 2020 (co-author)
Washington State Enacts Groundbreaking Facial Recognition Law, Hughes Hubbard & Reed LLP Client Advisory, April 2020 (co-author)
COVID‑19: Privacy Law in the Time of Pandemic, Hughes Hubbard & Reed LLP Client Advisory, April 2020 (co-author)
Working from Home: Best Practices for Data Security, Hughes Hubbard & Reed LLP Client Advisory, March 2020 (co-author)
New York Law Considerations for Japanese Companies Facing Supply Chain Disruptions Due to the COVID‑19 Pandemic, Hughes Hubbard & Reed LLP Client Advisory, March 2020 (co-author)
Japan Promotes Investment in Africa, Hughes Hubbard & Reed LLP Client Advisory, October 2019 (co-author)
CNIL Fines Google €50 Million: What this Means for Businesses and their GDPR Obligations, Hughes Hubbard & Reed LLP Client Advisory, January 2019 (co-author)
Bloomberg Law, Big Law Business, Cybersecurity & Privacy, Bring Your Own Device Guidance for Companies on the Way, February 16, 2018 (Quoted)
International Law Playing Cybersecurity Catch-Up (Part One and Two), The Cybersecurity Law Report, July 12, 2017 and July 26, 2017 (co-author)
ACI Toxic Tort and Environmental Litigation Conference; Efficient and Cost Effective Strategies for Streamlining E-Discovery, June 22, 2017 (speaker)
Cybersecurity: What You Really Need To Do; PwC/Hughes Hubbard & Reed LLP Seminar, June 7, 2017 (speaker)
The Impact on US Discovery of EU Data Protection and Discovery Blocking Statutes; Hughes Hubbard & Reed LLP Client Advisory, May 2017 (co-author)
Radio interview regarding the 21st Century Cures Act, bipartisan legislation intended to modernize the U.S. Food and Drug Administration, Federal News Radio, April 11, 2017
FDA Faces Uncertainty Implementing 21st Century Cures Act, Law360, March 15, 2017 (co-author)
Do Mitigation Efforts Give Plaintiffs A Right to Sue in Data Breach Cases? New York Law Journal, March 6, 2017 (co-author)
New FDA Guidance on Medical Devices; Hughes Hubbard & Reed LLP eAlert, December 20, 2016 (co-author)
Home Depot Victory Discourages Shareholder Data Breach Suits Hughes Hubbard & Reed LLP eAlert, December 12, 2016 (co-author)
NHTSA Issues Guidance on Connected Cars; Hughes Hubbard & Reed LLP eAlert, October 28, 2016 (co-author)
Recent Developments in Cybersecurity and Data Privacy; Hughes Hubbard & Reed LLP eAlert, October 11, 2016 (co-author)
New York Announces a First-In-The-Nation Cybersecurity Regulation; Hughes Hubbard & Reed LLP eAlert, September 19, 2016 (co-author)
Wendy's Data Breach Suit Dismissed Where No Monetary Loss Alleged; Amendment Filed; Hughes Hubbard & Reed LLP eAlert, August 18, 2016 (co-author)
Home Depot Seeks Eleventh Circuit Review in Banks' Data Breach Suit; Hughes Hubbard & Reed LLP eAlert, July 18, 2016 (co-author)
SEC Fine Against Morgan Stanley Underscores Focus on Cybersecurity; Hughes Hubbard & Reed LLP eAlert dated June 16, 2016 (co-author)
Defending A Data Breach Class Action, New York Law Journal, June 6, 2016 (co-author)
When Banks Sue Merchants Over Data Breaches, Law 360 June 3, 2016 (co-author)
Cybersecurity Implications of Supreme Court's Spokeo Decision Begin to Emerge; Hughes Hubbard & Reed LLP eAlert, June 1, 2016 (co-author)
Spokeo's Implications for Cyber-Security Litigation; Hughes Hubbard & Reed LLP eAlert, May 20, 2016 (co-author)
EU Safe Harbor Ruling - Trends and Courses of Action; Hughes Hubbard & Reed LLP eAlert, November 30, 2015 (co-author)
Three Ways You May Be Affected by the EU Safe Harbor Ruling; Hughes Hubbard & Reed LLP eAlert, October 21, 2015 (co-author)
The Impact on US Discovery of EU Data Protection and Discovery Blocking Statutes; Hughes Hubbard & Reed LLP Client Advisory, January 2013 (co-author)
Second Circuit Clarifies Standards for eDiscovery Sanctions, Hughes Hubbard & Reed LLP eAlert, July 10, 2012 (co-author)
First Department Provides “High-Definition” Clarity for Document Preservation Standard, Hughes Hubbard & Reed LLP eAlert, March 1, 2012 (co-author)
Severance in Multiplaintiff Pharmaceutical Cases, Product Liability Law 360, October 18, 2011 (http://www.law360.com/productliability/articles/277882/severance-in-multiplaintiff-pharmaceutical-cases) (co-author)
Anatomy of the Case: Corporate Legal Department Successes and Mishaps, New York Legal Tech, January 31, 2011 (panelist)
The Lessons Learned from eDiscovery Sanctions in 2010, December 16, 2010 (http://www.zylab.com/lp/vids/webinar3.htm) (speaker)
Legal Hold May Keep You Out of Jail Over E-Discovery, Law 360, October 1, 2010 (http://www.law360.com/articles/197725)
Practical Implications of Recent E-Discovery Rulings: Advice from Outside Counsel, June 14, 2010 (speaker)
The Risks and Rewards of Bringing eDiscovery In-House, New York Legal Tech 2010 (panelist)
The Role of Microsoft SharePoint and Text-Mining in Early Case Assessment and Legal Holds, New York Legal Tech 2010 (panelist)
How In-House Legal Departments Can Operate Most Effectively with Outside Counsel, New York Legal Tech 2010 (panelist)
“E-discovery” chapter in Litigators on Experts (American Bar Association 2010) (co-author)
“FDA and Regulatory Experts” chapter in Litigators on Experts (American Bar Association 2010) (co-author)
Zubulake Revisited: Six Years Later, Securities Law 360, January 15, 2010 (http://securities.law360.com/articles/143679) (co-author)
eDiscovery in the Months Ahead, Product Liability Law 360, April 6, 2009 (co-author)
ESI: You Have It, But Can You Use It, Product Liability Law 360 February 24, 2009 (co-author)
Medical Monitoring; Gone With the ‘90s?, Product Liability Law 360, June 13, 2008 (co-author)
New Evidence Rule 502: How Much Help Will It Be? Product Liability Law 360, June 12, 2008 (co-author)
Things that Go Bump in the Night: Qualcomm and New Century; Hughes Hubbard & Reed LLP eAlert, February 2008 (co-author)
Riegel v. Medtronic, Inc.: What Does it Portend for the Broader Pre-Emption of Common Law Claims against Drug Manufacturers? Hughes Hubbard & Reed LLP eAlert, February 2008 (co-author)
Recognition
Recognized by The Legal 500 United States as one of the top product liability, mass tort and class action defense lawyers (pharmaceuticals and medical devices)
Highlighted Matters
Asia-Pacific/Japan
Representation of a Japanese chemical company in various dispsutes, acquisitions, and IP licensing matters
Representation of a Japanese manufacturer of auto parts in connection with class action litigation in the United States
Representation of a diversified Japanese industrial company in an international arbitration against an Indonesian power plant owner
Representation of a Japanese manufacturing company pursuing global claims arising out of a worldwide recall of auto parts, including U.S. litigation against the supplier of the parts
Representation of a Japanese trading company in an international arbitration against a major U.S. manufacturer of aerospace equipment
Representation of a Japanese retailer in complex litigation and an international arbitration arising out of the bankruptcy of Barneys New York
Representation of the U.S.-based subsidiary of a Japanese manufacturer in court proceedings and arbitrations involving dealership issues
Commercial Litigation, Banking and Financial Services
Representation of the Trustee in the SIPA liquidation of one of the country’s largest broker-dealers and related litigation involving approximately $5 billion in assets
Representation of a foreign bank in litigation arising out of a $280 million credit facility
Representation of a foreign bank as administrator of the estate of Jamaican reggae singer Bob Marley in litigation involving RICO and fraud claims
Representation of a world-renowned entertainer and media personality in a breach of contract action
Representation of an international manufacturing company in an arbitration involving breach of contract issues
Product Liability and Mass Tort
Served as chair of the FDA regulatory team and as national coordinating counsel for a leading pharmaceutical company in one of the country’s largest personal injury litigations
In multidistrict litigation that included consumer class actions and personal injury cases against two major pharmaceutical companies, Seth headed the team that obtained the dismissal of all the personal injury cases
Served as chair of the medical expert team in nationwide litigation involving a major U.S. tobacco company
Data Privacy, Cybersecurity and eDiscovery
In the SIPA liquidation of one of the country's largest broker-dealers, Seth led the team that collected the company's books and records, a massive amount of information that included more than 227 billion transaction records and more than 143 terabytes of data. Seth also oversaw the building, from the ground up, of a fully functioning data center that re-created the broker-dealer’s operational abilities
Seth has served as national discovery counsel and on national steering committees in major pharmaceutical litigations. He led the team that handled end-to-end eDiscovery in what was, at the time, believed to be the largest document-intensive pharmaceutical case in the country
Seth has advised accounting firms, businesses, e-commerce companies, financial institutions, governmental authorities, and law firms on various aspects of privacy law and cybersecurity, including GDPR compliance, U.S. state and federal privacy laws, cross-border transfers, internal privacy policies, website compliance, third-party processing agreements, consumer protections, incident response, data breaches, and ransomware attacks