Gareth Evans is a litigation partner at Gibson, Dunn & Crutcher LLP, with 28 years of experience at the firm. His career has focused on complex business litigation and governmental investigations, and has included matters in many different subject matter areas.
Mr. Evans has extensive experience in securities class action and shareholder derivative litigation, and also has represented clients in investigations and enforcement actions brought by the Department of Justice, SEC and other regulatory and enforcement agencies. His experience also includes insurance coverage litigation and advising clients regarding insurance coverage issues, appellate and antitrust litigation, representing investment advisors in ’40s Act litigation, and advising and representing clients in matters involving data privacy issues.
Through his extensive experience dealing with discovery issues in complex litigation and investigations, Mr. Evans has developed substantial knowledge and proficiency in the area of electronic discovery. Mr. Evans is recognized by Who’s Who Legal: Litigation in the area of e-discovery and has been selected by the Southern California legal community for inclusion in The Best Lawyers in America® in 2016. Mr. Evans’ proficiency in e-discovery has led to his involvement in cases and investigations in a wide variety of subject matter areas, assisting clients and litigation teams in dealing with issues involving discovery of electronically stored information.
He is a frequently published author and speaker on e-discovery topics. Mr. Evans is one of the lead authors and editors of Gibson Dunn’s highly acclaimed E-Discovery Year-End and Mid-Year Reports and is the author of the popular E-Discovery Basics series, consisting of brief introductory guides to a variety of practical issues in electronic discovery.
Mr. Evans is on the Steering Committee of The Sedona Conference’s Working Group 1 (Electronic Document Retention and Production) and is a member of Working Group 6 (International Electronic Information Management, Discovery and Disclosure). Mr. Evans has frequently assisted clients as lead discovery counsel in litigation and investigations.
Mr. Evans also has been a member of the Board of Directors of the Ninth Judicial Circuit Historical Society for 19 years. He was the Chair of the Board for two terms (2013-2017) and has served in each of the Officer positions on the NJCHS, and has served on numerous committees of the Board (including Governance, Audit & Risk Management, Oral History, Programs, and Resource Development).
Mr. Evans joined the firm in 1990 following a judicial clerkship with the Hon. Gordon Thompson, Jr. of the United States District Court for the Southern District of California. He graduated from New York University’s School of Law in 1988, where he was Chair of the Moot Court Board. He received a Bachelor of Arts with High Distinction in General Scholarship (equivalent to Magna Cum Laude) from the University of California at Berkeley in 1983, where he double majored in Political Science and Economics.
- Cutler v. Rancher Energy Corp., et al., 2014 WL 12599602 (C.D. Cal. Jun. 2, 2014).
- Cutler v. Rancher Energy Corp., et al., 2014 WL 1153054 (C.D. Cal. Mar. 11, 2014).
- In re American Funds Sec. Litig., 479 Fed. Appx. 782, 2012 WL 2951398 (9th Cir. 2012).
- Jelinek v. Capital Research and Management Co., 448 Fed. Appx. 716, 2011 WL 3701742.
- Harel Pia Mutual Fund v. Toyota Motor Corp., 2011 WL 13217578 (C.D. Cal. Jan. 10, 2011).
- In re American Funds Sec. Litig., 395 Fed. Appx. 485, 2010 WL 3679351 (9th Cir. 2010).
- Lechner v. Capital Group Companies, 328 Fed. Appx. 570, 2009 WL 2013674 (9th Cir. 2009).
- In re American Mutual Funds Fee Litig., 2009 WL 5215755 (Dec. 28, 2009).
- Zeta Interactive Corp. v. Adverb Media, Inc., 2008 WL 4755242 (D. N.J. Oct. 27, 2008).
- Communications Workers of America v. CSK Auto Corporation, 525 F. Supp. 2d (D. Ariz. 2007).
- Lechner v. Capital Group Companies, 2007 WL 2141426 (9th Cir. Jul. 26, 2007).
- Communications Workers of America v. CSK Auto Corporation, 2007 WL 951968 (D. Ariz. Mar. 28, 2007).
- In re Computer Sciences Corp. Derivative Litig., 244 F.R.D. 580 (C.D. Cal. 2007).
- Jones ex rel. CSK Auto Corp. v. Jenkins, et al., 503 F. Supp. 2d 1325 (D. Ariz. 2007).
- In re American Funds Sec. Litig., 493 F. Supp. 2d 1103 (C.D. Cal. 2007).
- Mortensen v. Snavely, et al., 145 Fed. Appx. 218 (9th Cir. 2005).
- In re Stratosphere Corp. Sec. Litig., 66 F. Supp. 2d 1182 (D. Nev. 1999).
- In re Stratosphere Corp. Sec. Litig., 182 F.R.D. 614 (D. Nev. 1998).
- In re Stratosphere Corp. Sec. Litig., 1 F. Supp. 2d 1096 (D. Nev. 1998).
- Cherednichenko v. Quarterdeck Corp., Fed. Sec. L. Rep. (CCH) ¶ 90,108,1997 WL 809750 (C.D. Cal. Nov. 26, 1997).
- In re Stratosphere Corp. Sec. Litig., Fed. Sec. L. Rep. (CCH) ¶ 99,473, 1997 WL 581032 (D. Nev. May 20, 1997).
- Electro Source, Inc. v. United Parcel Service, Inc., 95 F.3d 837 (9th Cir. 1996).
A. Sedona Conference Publications
- The Sedona Conference TAR (Technology Assisted Review) Case Law Primer,
18 Sedona Conf. J. 1 (2017). Senior Contributing Editor (primary drafter).
- The Sedona Conference Social Media Primer (forthcoming 2018). Editor and Liaison to Working Group 1 Steering Committee.
- Gareth Evans and Phillip Favro, Unfinished Business: A Wish List for New FRCP Amendments, LegalTech News (Dec. 15, 2017).
- Gareth Evans, Wrapping Up 2016: Major Trends, New Rules and Emerging Case Law, 17 Digital Discovery & e-Evidence 9 (Jan. 5, 2017).
- Gareth Evans and Goutam Jois, How to Use Analytics and Predictive Coding as Securities Litigators, ABA Securities Litig. Journal (Winter 2016, Vol. 26, No. 2).
- Gareth Evans, Rethinking TAR: New Technologies and Strategies Should Bring The Promise Closer To Reality, LegalTech News (Dec. 30, 2015).
- Gareth Evans and Jennifer Rearden, Practical Considerations In Using Predictive Coding, New York Law Journal (Oct. 5, 2015).
- Gareth Evans, eDiscovery Vendor Developments: A Tale Of Two Cities, 15 Digital Discovery & e-Evidence 353 (Aug. 20, 2015).
- Gareth Evans and Veeral Gosalia, The Coming Storm: Companies Must Be Prepared To Deal With Text Messages On Employee Mobile Devices, 15 Digital Discovery & e-Evidence (Jun. 25, 2015).
- Gareth Evans, Technological Incompetence Doesn’t Excuse Discovery Failures, Delaware Business Court Insider (Mar. 17, 2015).
- Gareth Evans and David Grant, Metrics that Matter: Van Halen, M&Ms and Measurement in E-Discovery, White Paper published in Inside Counsel, Jan. 2015.
- Gareth Evans and David Grant, Tools Let Attorneys Follow The Breadcrumbs—Analytics Applications Can Help Litigators Identify Surface Patterns That Point To The Key Evidence, The National Law Journal, Special Report on Predictive Coding (Sept. 1, 2014).
- Gareth Evans and Jennifer Rearden, 2014 Mid-Year E-Discovery Update: Is This “The Year Of Technology” In eDiscovery?, 14 Digital Discovery & e-Evidence 372 (Jul. 31, 2014).
- Gareth Evans and Danielle Serbin, Technology: To Image Or Not To Image, That Is The Question—Avoid A Shakespearean Tragedy When Deciding Whether To Image Hard Drives, Inside Counsel (Jan. 10, 2014).
- Gareth Evans, Perils of E-Discovery Reflected in Sanctions Opinion—U.S.D.C. Judge David Herndon Issues A Blistering 51-Page Opinion Imposing Nearly $1 Million In Punitive Sanctions On The Defendants In In re Pradaxa Products Liability Litigation, Law Technology News (Dec. 2013).
- Gareth Evans, Technology: Self-Collection Is Not Always The Fox Guarding The Henhouse—Some Self-Collection Processes, However, May Be Too Risky, Inside Counsel (Dec. 27, 2013).
- Gareth Evans and Lauren Eber, Technology: Auto-Delete And The Not-So-Safe Harbor—The Safe Harbor for ESI Has Not Provided Reliable Shelter From Sanctions Storms, Inside Counsel (Dec. 13, 2013).
- Gareth Evans, Technology: Your Company’s Legal Hold Obligations May Not Be A Dr. Seuss Story—Judge Shira Scheindlin’s Zubulake Decision Still Allows Exceptions That May Swallow The General Rule, Inside Counsel (Dec. 6, 2013).
- Gareth Evans, Chancery Provides Framework For ESI Discovery, Preservation, Delaware Business Court Insider (Nov. 20, 2013).
- Gareth Evans, Technology: Embracing The Use of Mobile Devices in E-Discovery—Employees’ Use Of Mobile Devices For Both Work And Personal Matters Is Accelerating And Likely Irreversible, Inside Counsel (Nov. 15, 2013).
- Gareth Evans and Lauren Eber, Technology: Is Instant Messaging The Next Email? Companies Can Do A Number Of Things To Mitigate The Risks Brought By Texts And Instant Messages, Inside Counsel (Nov. 1, 2013).
- Gareth Evans and Catherine Brewer, French Data Protection Authority Announces Increased Inspections For Compliance With French And European Union Data Privacy Requirements, EuroWatch Vol. 23, No. 11 (Jun. 15, 2011).
- Gareth Evans and Jenna Musselman Yott, Court Orders Spoliator Imprisoned, Surveys Differing Preservation and Sanctions Standards: An In-Depth Look at Victor Stanley II, 10 Digital Discovery and e-Evidence (Oct. 14, 2010).
- Gareth Evans and Farrah Pepper, E-Discovery Principles Revisited, Los Angeles Daily Journal (Jan. 28, 2010).
- Gareth Evans and Farrah Pepper, Court Holds U.S. Discovery Rules Trump French Law And Hague Convention, 9 Digital Discovery and e-Evidence 12 (Dec. 1, 2009).
- Gareth Evans and Farrah Pepper, Federal Rule Of Evidence 502: Getting To Know An Important E-Discovery Tool, Orange County Lawyer (Nov. 2009).
- Gareth Evans and Alexander Mircheff, Pleading Scienter in the Ninth Circuit, Did Tellabs Really Change Much?, Bloomberg Law Reports–Securities Law (Aug. 17, 2009).
- Gareth Evans, Access Granted: New California Legislation Tracks Federal Rules On E-Discovery—With A Few Exceptions, The Recorder (Jul. 15, 2009).
- Gareth Evans and Wayne Smith, Securities Litigation And The Economic Crisis: Understanding And Dealing With The Current Securities Litigation Environment (Aspatore Books, 2009).
C. White Papers
- E-Discovery Basics: Why Should I Care About E-Discovery?
- E-Discovery Basics: The E-Discovery Life Cycle
- E-Discovery Basics: Litigation Preparedness
- E-Discovery Basics: Legal Holds
- E-Discovery Basics: Preservation Part 1
- E-Discovery Basics: Preservation Part 2
- E-Discovery Basics: Collection of ESI
- E-Discovery Basics: Processing & Reviewing ESI
- E-Discovery Basics: Production of ESI
- E-Discovery Basics: Admissibility & Presentation of ESI
- E-Discovery Basics: Cross-Border E-Discovery
D. Gibson Dunn Year-End and Mid-Year E-Discovery Updates
- 2017 Year-End E-Discovery Update (Jan. 18, 2018)
- 2016 Year-End E-Discovery Update (Jan. 17, 2017)
- 2016 Mid-Year E-Discovery Update (Aug. 17, 2016)
- 2015 Mid-Year E-Discovery Update (Jul. 15, 2015)
- 2014 Year-End E-Discovery Update (Jan. 20, 2015)
- 2014 Mid-Year E-Discovery Update (Jul. 16, 2014)
- 2013 Year-End E-Discovery Update (Jan. 15, 2014)
- 2012 Year-End E-Discovery Update (Jan. 14, 2013)
- 2011 Mid-Year E-Discovery Update (Jul. 22, 2011)
- 2010 Year-End E-Discovery Update (Jan. 13, 2011)
- 2010 Year-End Securities Litigation Update (Jan. 11, 2011)
- 2010 Mid-Year Securities Litigation Update (Aug. 10, 2010)
- 2010 Mid-Year E-Discovery Update (Jul. 13, 2010)
- 2009 Year-End E-Discovery Update (Jan. 15, 2010)
- 2009 Mid-Year E-Discovery Update (Jul. 8, 2009)
E. Client Alerts
- An EU Data Privacy Body Provides Guidance Regarding Consent to Process Personal Data (Aug. 8, 2011).
- E-Discovery Developments: Court Holds That Oral Preservation Notice Is Not Automatically Sanctionable (May 13, 2011).
- E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26 Duties (Feb. 10, 2011).
- E-Discovery Trends: Delaware Chancery Court Adopts Preservation Guidelines for Electronically Stored Information (Jan. 28, 2011).
- Supreme Court Holds That Purchasers of Securities on Foreign Exchanges Cannot Bring Federal Securities Fraud Lawsuits in U.S. Courts (Jun. 24, 2010).
- E-Discovery Trends: Significant New Decision by Author of Famed Zubulake Decision (Jan. 14, 2010).
- California Enacts Comprehensive E-Discovery Legislation Effective Immediately—Legislation Follows Federal Rules Amendments, But Also Departs in Significant Ways (Jun. 30, 2009).
- Delaware Chancery Court Awards Sanctions for Spoliation; Issues Significant Guidance on Electronic Discovery (Jun. 19, 2009).
- Federal Court of Appeals Vacates SEC’s Regulation of Hedge Funds (Jun. 26, 2006).