Edwin M. Larkin

Partner

Locations: Rochester, New York City
Phone: 585-231-1126
Fax: 585-232-2152
Email: elarkin@hselaw.com

Practice Areas

  • Antitrust
  • Financial Reorganization, Restructuring and Insolvency
  • Government and Internal Investigations
  • Insurance Coverage
  • Litigation
  • Privacy and Data Security

Bar Admissions

  • New York

Professional Experience

Edwin M. Larkin is an experienced commercial litigator and trial lawyer with a focus on complex commercial litigation matters and electronic discovery issues. He has handled a variety of high profile matters in a wide range of areas including securities fraud, antitrust, RICO, class action defense, products liability, consumer protection, business disputes, and breach of fiduciary duty in state and federal courts around the country. Mr. Larkin has conducted jury and bench trials in a number of jurisdictions, and has also handled several arbitrations and mediations.

With nearly 20 years of experience in matters involving electronic discovery issues, Mr. Larkin is among the country's most experienced electronic discovery practitioners. Mr. Larkin's practice in the area of electronic discovery includes assisting case teams with the identification, collection, processing and review of electronically stored data. He has worked with most of the major e-discovery vendors and is routinely asked to provide recommendations to clients or case teams. Mr. Larkin also works proactively with clients on developing policies and procedures to address issues with information management and data security such as electronic document policies and protocols, litigation hold policies and procedures, and the preservation and the collection of electronically stored information with particular attention to the changing data landscape in areas like “big data” and “cloud” based data. Mr. Larkin has also worked with clients to establish protocols to address data breaches, and has been a member of breach response teams to address the consequences of a client’s data breach.

On behalf of a large national insurance broker, Mr. Larkin led the team that conducted an internal investigation in response to a probe launched by then New York State Attorney General Eliot Spitzer into compensation practices and alleged bid-rigging within the brokerage industry. He represented the same client in the lengthy In re Insurance Brokerage Antitrust Litigation, a multi-district litigation, pending in U.S. District Court in New Jersey, in which class plaintiffs asserted violations of the Sherman Act and the RICO statute. Mr. Larkin assisted the client in negotiating a favorable settlement which was approved by the U.S. Court of Appeals for the Third Circuit. Mr. Larkin also represented a leading consulting firm being sued in a class action filed in Arkansas state court asserting fraud and state RICO violations for alleged billing improprieties relating to travel expenses. After motions to dismiss and class certification were filed, Mr. Larkin negotiated a very favorable settlement for his client. Mr. Larkin obtained a favorable jury verdict for the same client in a breach of contract action arising out of the implementation of proprietary business software. Mr. Larkin represented a major consumer products company in a civil racketeering case brought by the federal government. Mr. Larkin has also represented the same client in products liability trials arising out of the use of their products. Mr. Larkin represented a group of private equity funds in a securities fraud case arising out of their investment in a Chinese company through a reverse merger. On behalf of a large vision ware manufacturer and retailer, Mr. Larkin created a complete litigation readiness program which included preparing a data map, establishing policies and protocols and preparing witnesses for potential litigation.


Education

  • Georgetown University Law Center, J.D., 1990
  • Georgetown University, B.S., 1987

Court Admissions

  • New York State courts
  • United States Courts of Appeals for the Second, and Third Circuits
  • United States District Courts for the Western, Southern, and Eastern Districts of New York; the District of Nebraska; the District of Connecticut, and the District of Colorado.   

Professional and Civic Activities

  • The Association of the Bar of the City of New York
  • American Bar Association
  • New York County Lawyers' Association
  • Federal Bar Council
  • Chapter of the American Inns of Court
  • Lawyer Pilots Bar Association
  • The Sedona Conference, Working Groups 1& 2

Honors and Awards

  • 2008 Burton Award for Distinguished Legal Writing for “Electronic Discovery - Insurers Are Getting in on the Act”

Publications

  • Co-Author, "Tips for Collection, Production of ESI," Buffalo Law Journal, April 27, 2015
  • Author, “Proposed Rule Changes Shorten and Streamline Pretrial Discovery,” New York Law Journal, October 6, 2014
  • Author, “5 Tips For Tackling Smartphone E-Discovery,” Law 360, August 7, 2014
  • Author, “High Court May Adopt Law Professor’s Brief in Halliburton,” Law 360, March 28, 2014
  • Author, “NY High Court Limits Deception Claims in Valspar Appeal,” Law 360, June 3, 2013
  • Author, “Bright-Line' Rules on E-Discovery Misconduct Still Not So Bright,”in the April 8, 2010 issue of the New York Law Journal
  • Co-Author, “Don't Unlock the Waiver of Privilege; What Does FRE 502 have to do with your e-discovery initiative?" in the February 2009 issue of Document magazine
  • Author, “Balancing E-Discovery and EU Privacy Laws,”in the June 2008 issue of Document magazine
  • Author, “Electronic Discovery - Insurers Are getting in on the Act,” in the August 20, 2007 issue of the National Law Journal
  • Author, “E-Discovery: Time to Get Serious,” in the June 2007 issue of Directorship magazine
  • Contributing author to the HSE Privacy and Data Security Blog