Edwin M. Larkin

Partner
  • Rochester and New York City
  • 585.231.1126
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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. Ed 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, Ed is among the country's most experienced electronic discovery practitioners. His 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. Ed 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. Ed 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, he 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. Ed assisted the client in negotiating a favorable settlement which was approved by the U.S. Court of Appeals for the Third Circuit. He 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, Ed negotiated a very favorable settlement for his client. Ed obtained a favorable jury verdict for the same client in a breach of contract action arising out of the implementation of proprietary business software. Ed represented a major consumer products company in a civil racketeering case brought by the federal government. He has also represented the same client in products liability trials arising out of the use of their products. Ed 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, he created a complete litigation readiness program which included preparing a data map, establishing policies and protocols and preparing witnesses for potential litigation.

PROFESSIONAL & CIVIC AFFILIATIONS

  • 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 & 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,” New York Law Journal, April 8, 2010
  • Co-Author, “Don't Unlock the Waiver of Privilege; What Does FRE 502 have to do with your e discovery initiative?" Document magazine, February 2009
  • Author, “Balancing E-Discovery and EU Privacy Laws,” Document magazine, June 2008
  • Author, “Electronic Discovery - Insurers Are getting in on the Act,” National Law Journal, August 20, 2007
  • Author, “E-Discovery: Time to Get Serious,” Directorship magazine, June 2007
  • Contributing author to the HSE Privacy and Data Security Blog

PRACTICE AREAS

ADMISSIONS

  • New York
  • New York State courts
  • U.S. Courts of Appeals for the Second, and Third Circuits
  • U.S. 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.

EDUCATION

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