Jonathan Marshall is a Senior Managing Director at Ankura, based in Chicago. He brings over 13 years’ experience in technology consulting specializing in advising businesses and legal teams on all aspects of data driven events related to litigation and regulatory action, including relevant data identification and preservation, forensic collections, discovery, cross-border disputes and investigations, business application management, managed review, and productions. He has worked across a range of sectors including financial services, energy, healthcare, construction, consumer goods, defense contracting, manufacturing, mining, and technology.
Jonathan’s professional experience includes:
- Tax Controversy: Engaged by a global Law Firm to collaborate on the data review element of a tax investigation, to determine whether their client should move forward with litigation. The client had suspected potential tax obligation concerns. Jonathan’s involvement included the email collection from 8 people over a period of a year, which resulted in a dataset of half a million documents after data had been processed and de-duplicated. The legal team recognized early on that they were likely looking for a small number of communications, many of which could be inconsistent and colloquial in nature. Therefore, using key words to determine the relevant review population would fail to capture the nuances being discussed. Jonathan’s team deployed multiple analytical tools to help the legal team identify and review the relevant population of documents that didn’t require the use of keywords. Data was loaded into a visual analytical tool to allow the lawyers to begin their investigation. Within a short period, large amounts of documents were eliminated from the review. By looking at only those who were sending communications within the data set, it became apparent that many of the top 10 communicators were not from the emails collected, but rather included people whose roles were not applicable to the investigation. After a review of all communication domains and entities, the legal team was able to identify 252,940 records to be eliminated. With 246,277 documents remaining, a limited timeframe, and still no keywords, a large population of documents required reviewing. Plus, the legal team had also obtained 70 emails from the client that contained relevant communications for the investigation. Using a proprietary predictive coding tool, NAVPredict, we were able to build a predictive coding model analyzing those 70 documents. The initial sample pulled identified how many estimated relevant documents were in the remaining population, or “richness,” returning only seven relevant documents. Extrapolating that to the overall remaining population meant that we were expected only 1,000 relevant documents to be produced.
- OFAC Compliance Review: For a large international bank, led team conducting simultaneous historical reviews of transactions suspected of violating US Office of Foreign Asset Control (OFAC) regulations and the corresponding conduct review of bank employees facilitating those transactions. Worked with the bank and a team of data analysts to compile 10 years of wire transfer information from multiple – and often incomplete – disparate data sources and transform that information into a single database allowing for applying advanced culling methodologies to limit the transactions elevated to further review by the expert compliance investigations team. Additionally, helped the bank’s legal team collect, cull and review several million email records over the course of the investigation and facilitated the production of relevant emails, first to local regulators, then ultimately to OFAC and the DOJ. All work was completed within the bank’s offices using mobile instances of our eDiscovery technology.
- FATCA Investigation: Led team on internal investigation involving Foreign Account Tax Compliance Act (FATCA) violations for an off-shore bank managing US citizens’ accounts. Involved managing a full on-site deployment of specialized software for reviewing financial transaction data. Additionally, hosted and managed on-site technology and review team conducting a conduct review into correspondence data.
- US regulatory investigation involving global data: Led a global engagement in response to US regulators involving highly sensitive client data located in seven countries where relevant data was unable to cross borders due to concerns of data protection. Jonathan deployed and managed resources around the globe that were able to both forensically collect the relevant media and process and host the data on-site using the Symantec Clearwell eDiscovery Platform. Jonathan and his team worked with attorneys on-site to walk through an early case assessment workflow that allowed the attorneys to make real-time decisions and develop a culling strategy that could then be replicated across all datacenters. This strategy greatly reduced the reviewable population saving the client money by using an intelligent approach to this eDisclosure challenge.
- News & events
- EDRM – The State of eDiscovery: Analysis and Review, 05/30/2018, Webinar
- ABA Corporate Counsel CLE Seminar, 02/17/2018, “Are You Smarter Than a Fraudster? A Game Show Designed to Educate General Counsel on Collecting and Analyzing Complex and Emerging Data Sources for Investigations,” LA Quinta, CA
- Global Legal ConfEx, 09/08/2016, “The Latest in E-Discovery Technology Solutions,” London, UK
- Law Tech Europe Congress, 10/27/2015, “Emerging Sources of ESI: The Cloud, Social Media, And Internet of Things,” Brussels, Belgium
Insights & innovation
- “Predictive Efficiency,” Commercial Dispute Resolution, 11/01/2016