Jason R. Baron

Of Counsel

Washington

(202) 230-5196 phone
(202) 842-8465 fax

Jason R. Baron is a member of Drinker Biddle’s Information Governance and eDiscovery practice.

An internationally recognized speaker and author on the preservation of electronic documents, Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration and as trial lawyer and senior counsel at the Department of Justice. In those roles, Jason helped drive the government’s adoption of electronic recordkeeping practices and defended the government’s interests in complex federal court litigation.

As NARA’s Director of Litigation, Jason led NARA’s efforts to provide responsive White House email and other records in the massive U.S. v. Philip Morris RICO lawsuit, and assisted in the defense of lawsuits filed against the Archivist of the United States under the Freedom of Information Act, the Federal Records Act, and the Presidential Records Act in a wide variety of high-profile cases.  As a trial lawyer and senior counsel for the DOJ, he appeared as counsel of record in landmark cases involving the preservation of White House email, statistical adjustment of the U.S. census, and early attempts to regulate the Internet.  

Thought Leadership.  Jason was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context, and served as track coordinator for the first four years of the track (2006-2009).  He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.  Since 2007, past DESI workshops have been held in Palo Alto, London, Barcelona, Pittsburgh and Rome, with a related workshop held in Beijing.

He is an active member of The Sedona Conference, having served as a Co-Chair of the WG1 Steering Committee and as a member of the Steering Committee from 2008 to 2012.  He has also served as Editor-in-Chief of The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery (2007), as Co-Editor-in-Chief of The Sedona Conference Commentary on Achieving Quality in the E-Discovery Process (2009), as Editor-in-Chief of The Sedona Conference Commentary on Finding the Hidden ROI in Information Assets (2011), and Drafting Team editor on The Sedona Conference Commentary on Information Governance (2013).

Over the past decade, Jason has given presentations on preservation and access issues involving electronic records in over 300 forums, including both throughout the U.S. and Canada, and as an international keynote or invited speaker at conferences held in Australia, Belgium, the Czech Republic, Germany, Italy, The Netherlands, Switzerland, and the United Kingdom. In March 2007, Jason served as a co-panelist with Associate Justice Stephen Breyer at an eDiscovery forum held at Georgetown Law School. In 2010, he was an invited speaker at the Duke Law School Conference on Civil Litigation Reform.

He has chaired eDiscovery conferences, workshops, and all-day CLE forums; moderated “mini-Sedona” sessions at annual meetings of ARMA International (where he has served as an Outside Director on the Board of Directors) and the Society of American Archivists; moderated panel sessions at the Georgetown Advanced eDiscovery Institute conferences and co-chaired Georgetown’s inaugural eDiscovery conference for government practitioners; and has guest lectured at a number of law schools.  He has given dozens of targeted briefings to federal audiences, including government lawyers, IT staff and records managers, on the subject of electronic recordkeeping under U.S. records laws. 

Awards and Recognition. In 2011, Jason received the prestigious Emmett Leahy Award, bestowed by an international committee for outstanding contributions to the records and information management profession.  He was recognized by The American Lawyer as one of eDiscovery’s “trailblazers” in the August 2013 issue, “The Top 50 Big Law Innovators of the Last 50 Years.”  He was also a recipient of the 2008 Fed 100 Award, sponsored by Federal Computer Week, for his eDiscovery related advocacy.  

Jason recently was named the 2013 recipient of the Justice Tom C. Clark Outstanding Government Lawyer award, given by the D.C. Chapter of the Federal Bar Association for his career contributions as a lawyer in the public service. During the course of his career, Jason has received numerous additional awards and commendations for excellence, including from the Justice Department, the Archivist of the United States, the National Security Council, the Department of Health and Human Services, and the Social Security Administration.  He was honored as the 2012 recipient of the DC Alumni Public Service Award by his law school alma mater. He was honored as the 2012 recipient of the DC Alumni Public Service Award by his law school alma mater. His achievements as a government lawyer in the area of e-discovery are highlighted in The Decade of Discovery, a documentary film by Joe Looby, premiering in 2014.

Additionally, Jason is a featured columnist on information governance issues in Law Technology News, and has appeared on the covers of Law Technology News and Law Firm Marketing Magazine.

In General. Jason earned his J.D. from the Boston University School of Law, where he was a member of the law school’s National Moot Court Team, and his B.A., magna cum laude, with honors, from Wesleyan University.  He is currently an adjunct faculty member at the University of Maryland’s College of Information Studies, where he has co-taught the first eDiscovery course in the United States for graduate students in information studies.

Previously, he was a Visiting Scholar at the University of British Columbia, where he taught a course on cyberspace law, and has also taught a summer course at the University of Albany. He participated in the drafting of reports for InterPARES, an international research project in archival science on the subject of the long-term preservation of electronic records. 

Selected Publications

5/27/2014
Law Technology News
InfoGov Leaders Need More Respect
3/31/2014
Law Technology News
Don’t Get Discouraged: You Absolutely Can Grasp Information Governance
3/14/2014
Richmond Journal of Law & Technology
Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice
2/18/2014
The Legal Intelligencer
Using Analytics to Add Value to Your Legal Practice
2/1/2014
Law Technology News
Escape from The Island of E-Discovery
12/31/2013
The Sedona Conference Journal
The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery
12/31/2013
The Sedona Conference Journal
The Sedona Conference® Commentary on Achieving Quality in E-Discovery
11/1/2013
Internet Law Bulletin, vol. 16, no. 7
Automation and Sampling in E-discovery
2/15/2013
The Computer and Internet Lawyer, No. 2
Preservation, Search Technology, and Rulemaking
9/1/2012
UNESCO Memory of the World in the Digital Age Conference: Conference Proceedings
Where Light in Darkness Lies: Preservation, Sensemaking, and Access Strategies for the Modern Digital Archive
4/16/2012
Chapter 21, Managing E-Discovery and ESI: From Pre-Litigation Through Trial
Designing A ‘Reasonable’ E-Discovery Search: A Guide For The Perplexed
6/1/2011
Richmond Journal of Law and Technology
Law in the Age of Exabytes: Some Further Thoughts on ‘Information Inflation’ and Current Issues in E-Discovery Search
6/1/2011
Canadian Journal of Law and Technology
Overcoming the digital tsunami in e-discovery: is visual analysis the answer?
2/1/2011
The Sedona Conference
The Sedona Conference® Commentary on Finding the Hidden ROI In Information Assets
12/1/2010
Artificial Intelligence and Law Journal
Evaluation of Information Retrieval in E-Discovery
9/9/2010
The Sedona Conference Journal
A Nutshell on Negotiating Search Protocols
6/15/2010
chapter 42, Electronic Discovery: New Ideas, Case Law, Trends and Practices
DESI, Sedona, and Barcelona
11/9/2009
West American Casebook Series
Electronic Discovery and Digital Evidence: Case and Materials
3/10/2009
Mercer Law Review
E-Discovery and The Problem of Asymmetric Knowledge
8/20/2008
Digital Evidence and Electronic Signature Law Review
Toward a new jurisprudence of information retrieval: What constitutes "reasonable" search for digital evidence when using keywords
9/16/2007
The Sedona Conference Journal
The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery
9/12/2007
Richmond Journal of Law and Technology
Information Inflation: Can The Legal System Adapt?
8/1/2007
The Sedona Conference Journal
The TREC Legal Track: Origins and Reflections on the First Year
9/22/2005
The Sedona Conference Journal
Toward a Federal Benchmarking Standard For Evaluating Information Retrieval Products Used In E-Discovery
7/1/2003
Thirty Years of Electronic Records
The PROFS Decade: NARA, E-mail and the Courts
7/29/1999
Info. Management Quarterly
Recordkeeping in the 21st Century

Speaking Engagements

10/20/2014
Lawtech Europe Congress 2014, Prague, The Czech Republic
The Challenge of Cross-Border Information Governance in a Big Data World
10/14/2014
2014 Archives & Cultural Industries Conference, Girona, Spain
What Lessons Can Be Learned from the US Archivist’s Digital Mandate for 2019 and is There Potential for Applying them in Lower Resource Countries?
8/18/2014
International Legal Technology Association (ILTA) 37th Annual Educational Conference, Nashville
Predictive Analytics: Email Management Magic?
8/15/2014
Society of American Archivists Annual Meeting, Washington D.C.
25th Anniversary of the PROFS Case: Lessons Learned
6/27/2014
Washington State Association for Justice, Seattle
What Does it mean to be Technically Competent in E-Discovery in 2014?
6/17/2014
8th Annual Chilli IQ Information Governance and E-Discovery Conference, Sydney, Australia
Keynote, Escape from the Island of E-Discovery: How Smart Analytics is Transforming Information Governance
6/16/2014
Association of Litigation Support Managers, New South Wales Chapter, Sydney Australia
One Lawyer's Journey: What I've Learned about using The Best Torch to Search for and Uncover Dark Digital Data
6/16/2014
Nuix Roundtable, Sydney Australia
Why Information Governance is Key for eDiscovery
6/12/2014
RMIT Seminar, Melbourne, Australia
A Further Look into Machine Learning Algorithms Applied to E-Discovery
6/12/2014
Victorian Society for Computers and the Law, Melbourne, Australia
A Different Kind of 'Down Under': Should e-discovery lawyers care about the inner workings of machine learning software operating 'under the hood'?
6/11/2014
Active Navigation Boardroom Lunch, Melbourne, Australia
The Information Governance Revolution: Defensible Destruction in an Era of Big Data
6/4/2014
26th Annual General Counsel Conference, New York City
The Rising Tide of Data – And How To Build Sea Walls for Governance
6/4/2014
Judicial Records Forum, The Archivist’s Round Table of Metropolitan New York Inc., New York City
Records Integrity & Accessibility of Electronic Records Over the Long Term Jason R. Baron Information Governance and eDiscovery Group
5/22/2014
JAMS Q&A Session
Use of Neutrals to Help Law Firms Adjust to the Challenges of the Evolving World of E-Discovery
5/19/2014
National Managing Electronic Records Conference (MER) 2014, Chicago
Information Governance and Remediation: Case Studies from the Field
5/16/2014
ABA National E-Discovery 2014 Institute, New York City
Something Just Isn’t Right Here: Challenging and Defending the E-Discovery Process
4/25/2014
UBIC Seminar
Crossing the Pacific: Conducting Legal business in Japan and the Rest of Asia
4/23/2014
ARMA Northern New Jersey Chapter
What Does Information Governance Mean to an E-Discovery Lawyer?
4/15/2014
The Executive Conference on Information Governance: Collaborative Strategies for Maximizing Value and Minimizing Risk
Information Governance and Government
4/14/2014
The Executive Conference on Information Governance: Collaborative Strategies for Maximizing Value and Minimizing Risk, Amelia Island, FL
Technological Trends and the IG Framework
4/3/2014
Digital Government Institute, Washington, D.C.
Keynote: Discovery and Information Governance in 2014
4/2/2014
AIIM Annual Conference, Orlando
Finding the Signal in the Noise: Predictive Analytics and Information Governance
4/1/2014
Museums and the Web 2014 Deep Dive, Baltimore
Shedding Light on Dark Email Archives: The Digital Challenge for Cultural Institutions
3/27/2014
The Sedona Conference Voices in the Desert Webinar
The Sedona Conference Commentaries on Search and Retrieval and on Achieving Quality in E-discovery
3/27/2014
Sedona Conference, Webinar
Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery & Commentary on Achieving Quality in the E-Discovery Process
3/26/2014
ARMA DC Chapter Seminar on Email, Washington, D.C.
Capturing and Filtering: NARA’s Capstone Policy as Exemplary Information Governance
3/18/2014
8th Annual Sedona Conference Institute: eDiscovery in a New Era: New Technologies, New Media, New Rules, Houston
Professional Responsibility in Social Media and the Cloud
3/17/2014
8th Annual Sedona Conference Institute: eDiscovery in a New Era: New Technologies, New Media, New Rules, Houston
Technology Assisted Review
3/11/2014
ARMA NYC Chapter All Day Educational Workshop, New York City
What Does Information Governance Mean to an E-Discovery Lawyer (Hint: Let’s talk about analytics)
3/6/2014
Potomac Forum Managing Government Records Workshop V, Washington, D.C.
Thinking About the Archivist’s Directive From an Information Governance Perspective: The View From The Private Sector
2/27/2014
eDiscovery Project Management 2014 Conference, Atlanta
Information Governance: Managing Defensibility, Mitigating Risks
2/24/2014
National Press Club, Washington, D.C.
Information Governance Panel
2/19/2014
ARMA Liberty Bell Chapter 2014 Annual Seminar, Philadelphia
The Three Pillars of Information Governance
2/6/2014
Legaltech 2014, New York City
Information Governance: Rightsizing Your Program to Get Funding and Succeed
2/5/2014
Legaltech 2014, New York City
Have We Reached A ‘John Henry’ Moment in Evidentiary Search?
2/4/2014
Legaltech 2014, New York City
Is the Best Defense A Good Offense: Proactively Manage Information Governance to Control eDiscovery
1/31/2014
Legal Talk Network, Digital Detectives Podcast
What Should Lawyers Know About Information Governance?
1/30/2014
ABA Information Governance, Electronic Discovery and Digital Evidence National Institute, Tampa
Using Predictive Technologies to Address IG Problems
1/27/2014
University of Florida Levin College of Law E-Discovery Speaker Series, Gainesville
Enhancing your career options: What does it mean to be technologicaly competent in e-discovery?
12/6/2013
Big Data and Information Governance Seminar, Washington, D.C.
Applying TAR to Information Governance: Lessons from the E-discovery Battlefield
12/5/2013
The Sedona Conference® Voices from the Desert Webinar
Commentary on Information Governance
11/22/2013
Georgetown Advanced E-Discovery Institute, Washington, D.C.
Information Governance: Why It’s Important for eDiscovery and How To Build a Business Case
11/14/2013
Virtual LegalTech Webinar
Predictive Coding Beyond eDiscovery – Automating Information Governance
11/13/2013
Technology in the Law Symposium, Washington, D.C.
But I'm Not A Litigator: The Use of Data Analytics In Other Areas of The Organization
10/29/2013
ARMA Conference, Las Vegas
Predictive Information Governance – Utilizing eDiscovery Technology for Proactive IG
10/28/2013
ARMA Annual Conference, Las Vegas
2013 Sedona Town Hall Meeting on Information Governance
10/24/2013
Vermont Archives Month Guest Speaker, Montpelier
Freedom, Unity, and Information Governance: A Progress Report on the U.S. Archivist’s Bold Managing Government Records Directive and Its Implications for Recordkeeping in the Public Sector
10/18/2013
Innovate IT-Lex Conference, Orlando
Predicting Predictive Coding
10/16/2013
EDI Leadership Summit, Santa Monica
ISO 9001 and Beyond: Should Practitioners Consider New Standards in E-Discovery and Information Governance?
10/10/2013
Catalyst "TAR For the Real World" Workshop, New York City
Beyond electronic discovery: taking TAR to information governance and beyond
10/7/2013
IQPC Information Governance and E-Discovery for Oil & Gas, Houston
Information Governance Lessons from the E-Discovery Battlefield
5/27/2014
Law Technology News
InfoGov Leaders Need More Respect
3/31/2014
Law Technology News
Don’t Get Discouraged: You Absolutely Can Grasp Information Governance
3/14/2014
Richmond Journal of Law & Technology
Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice
2/18/2014
The Legal Intelligencer
Using Analytics to Add Value to Your Legal Practice
2/1/2014
Law Technology News
Escape from The Island of E-Discovery
12/31/2013
The Sedona Conference Journal
The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery
12/31/2013
The Sedona Conference Journal
The Sedona Conference® Commentary on Achieving Quality in E-Discovery
11/1/2013
Internet Law Bulletin, vol. 16, no. 7
Automation and Sampling in E-discovery
2/15/2013
The Computer and Internet Lawyer, No. 2
Preservation, Search Technology, and Rulemaking
9/1/2012
UNESCO Memory of the World in the Digital Age Conference: Conference Proceedings
Where Light in Darkness Lies: Preservation, Sensemaking, and Access Strategies for the Modern Digital Archive
4/16/2012
Chapter 21, Managing E-Discovery and ESI: From Pre-Litigation Through Trial
Designing A ‘Reasonable’ E-Discovery Search: A Guide For The Perplexed
6/1/2011
Richmond Journal of Law and Technology
Law in the Age of Exabytes: Some Further Thoughts on ‘Information Inflation’ and Current Issues in E-Discovery Search
6/1/2011
Canadian Journal of Law and Technology
Overcoming the digital tsunami in e-discovery: is visual analysis the answer?
2/1/2011
The Sedona Conference
The Sedona Conference® Commentary on Finding the Hidden ROI In Information Assets
12/1/2010
Artificial Intelligence and Law Journal
Evaluation of Information Retrieval in E-Discovery
9/9/2010
The Sedona Conference Journal
A Nutshell on Negotiating Search Protocols
6/15/2010
chapter 42, Electronic Discovery: New Ideas, Case Law, Trends and Practices
DESI, Sedona, and Barcelona
11/9/2009
West American Casebook Series
Electronic Discovery and Digital Evidence: Case and Materials
3/10/2009
Mercer Law Review
E-Discovery and The Problem of Asymmetric Knowledge
8/20/2008
Digital Evidence and Electronic Signature Law Review
Toward a new jurisprudence of information retrieval: What constitutes "reasonable" search for digital evidence when using keywords
9/16/2007
The Sedona Conference Journal
The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery
9/12/2007
Richmond Journal of Law and Technology
Information Inflation: Can The Legal System Adapt?
8/1/2007
The Sedona Conference Journal
The TREC Legal Track: Origins and Reflections on the First Year
9/22/2005
The Sedona Conference Journal
Toward a Federal Benchmarking Standard For Evaluating Information Retrieval Products Used In E-Discovery
7/1/2003
Thirty Years of Electronic Records
The PROFS Decade: NARA, E-mail and the Courts
7/29/1999
Info. Management Quarterly
Recordkeeping in the 21st Century