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Seth D. Rothman

Partner

New York City, Miami

+1 (212) 837-6872

+1 (305) 379-5557

[email protected]
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Biography
Selected Matters
Client Advisories
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Seth D. Rothman is a litigation partner at Hughes Hubbard & Reed LLP, who focuses his practice on complex commercial litigation, arbitration, products liability and mass torts.  Seth has more than 30 years of experience representing clients in courts throughout the country, in arbitrations, and before other tribunals. He has been involved in high stakes matters on behalf of leading pharmaceutical companies, financial institutions, and multinational corporations. Seth is Co-Chair of the firm’s Asia Pacific Practice Group and has significant experience representing Japanese clients in international arbitrations and U.S. litigation.

Seth is also Chair of the firm’s Data Privacy and Cybersecurity Practice Group and the co-Chair of the Information Governance & eDiscovery Practice Group.  He regularly advises clients on data privacy, cybersecurity, incident response, data collection, cross-border transfers, compliance, ediscovery, litigation preparedness, and document management. He writes and speaks regularly on these topics.

Highlighted Publications and Lectures

  • “Shields Up”: What You Should Be Doing to Prepare for Russian Cyberattacks, Hughes Hubbard & Reed LLP Client Advisory, February 2022 (co-author)
  • “U.S. Trends: Facial Recognition Technology and ESG [environmental, social and governance],” NEC Corporation Webinar, October 1, 2021 (speaker) 
  • What the Biden Administration Will Mean for Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, January 2021 (co-author) 
  • International Arbitration – Potential Advantages for Japanese Companies, AOS/Hughes Hubbard & Reed LLP Webinar, December 16, 2020 (speaker)  
  • Class Certification Denied in Antitrust Lawsuit against Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, November 2020 (co-author) 
  • International Arbitration: Discovery Strategies, Fronteo/Hughes Hubbard & Reed LLP Webinar, November 19, 2020 (speaker)  
  • U.S. Litigation – How to Prepare, Protect Yourself and Maximize Your Chance of Success, AOS/Hughes Hubbard & Reed LLP Webinar, October 13, 2020 (speaker)
  • Impact of Schrems II On Anti-Corruption Compliance Programs, Hughes Hubbard & Reed LLP Client Advisory, September 2020 (co-author)
  • Portland, Oregon Bans Facial Recognition Technology, Hughes Hubbard & Reed LLP Client Advisory, September 2020 (co-author)
  • GAO Report: Facial Recognition Technology Privacy and Accuracy Issues Related to Commercial Uses, Hughes Hubbard & Reed LLP Client Advisory, August 2020 (co-author)
  • The EU‑U.S. Privacy Shield Is Invalid: What Now?, Hughes Hubbard & Reed LLP Client Advisory, July 2020 (co-author)
  • Facial Recognition Technology: The Expanding Regulation of Private Sector Use, Hughes Hubbard & Reed LLP Client Advisory, July 2020 (co-author)
  • Protecting Yourself from U.S. Litigation: Jurisdiction over a Japanese Parent Company, Hughes Hubbard & Reed LLP Client Advisory, June 2020 (co-author)
  • CCPA Litigation, Hughes Hubbard & Reed LLP Client Advisory, May 2020 (co-author)
  • An Overview of U.S. Bankruptcy Law for Japanese Companies, Hughes Hubbard & Reed LLP Client Advisory, May 2020 (co-author)
  • Washington State Enacts Groundbreaking Facial Recognition Law, Hughes Hubbard & Reed LLP Client Advisory, April 2020 (co-author)
  • COVID‑19: Privacy Law in the Time of Pandemic, Hughes Hubbard & Reed LLP Client Advisory, April 2020 (co-author)
  • Working from Home: Best Practices for Data Security, Hughes Hubbard & Reed LLP Client Advisory, March 2020 (co-author)
  • New York Law Considerations for Japanese Companies Facing Supply Chain Disruptions Due to the COVID‑19 Pandemic, Hughes Hubbard & Reed LLP Client Advisory, March 2020 (co-author)
  • Japan Promotes Investment in Africa, Hughes Hubbard & Reed LLP Client Advisory, October 2019 (co-author)
  • CNIL Fines Google €50 Million: What this Means for Businesses and their GDPR Obligations, Hughes Hubbard & Reed LLP Client Advisory, January 2019 (co-author)
  • Bloomberg Law, Big Law Business, Cybersecurity & Privacy, Bring Your Own Device Guidance for Companies on the Way, February 16, 2018 (Quoted)
  • International Law Playing Cybersecurity Catch-Up (Part One and Two), The Cybersecurity Law Report, July 12, 2017 and July 26, 2017 (co-author)
  • ACI Toxic Tort and Environmental Litigation Conference; Efficient and Cost Effective Strategies for Streamlining E-Discovery, June 22, 2017 (speaker)
  • Cybersecurity: What You Really Need To Do; PwC/Hughes Hubbard & Reed LLP Seminar, June 7, 2017 (speaker)
  • The Impact on US Discovery of EU Data Protection and Discovery Blocking Statutes; Hughes Hubbard & Reed LLP Client Advisory, May 2017 (co-author)
  • Radio interview regarding the 21st Century Cures Act, bipartisan legislation intended to modernize the U.S. Food and Drug Administration, Federal News Radio, April 11, 2017
  • FDA Faces Uncertainty Implementing 21st Century Cures Act, Law360, March 15, 2017 (co-author)
  • Do Mitigation Efforts Give Plaintiffs A Right to Sue in Data Breach Cases? New York Law Journal, March 6, 2017 (co-author)
  • Cybersecurity: 2016 Wrap Up: Hughes Hubbard & Reed LLP eAlert, January 11, 2017 (co-author)
  • New FDA Guidance on Medical Devices; Hughes Hubbard & Reed LLP eAlert, December 20, 2016 (co-author)
  • Home Depot Victory Discourages Shareholder Data Breach Suits Hughes Hubbard & Reed LLP eAlert, December 12, 2016 (co-author)
  • NHTSA Issues Guidance on Connected Cars; Hughes Hubbard & Reed LLP eAlert, October 28, 2016 (co-author)
  • Recent Developments in Cybersecurity and Data Privacy; Hughes Hubbard & Reed LLP eAlert, October 11, 2016 (co-author)
  • New York Announces a First-In-The-Nation Cybersecurity Regulation; Hughes Hubbard & Reed LLP eAlert, September 19, 2016 (co-author)
  • Wendy's Data Breach Suit Dismissed Where No Monetary Loss Alleged; Amendment Filed; Hughes Hubbard & Reed LLP eAlert, August 18, 2016 (co-author)
  • Home Depot Seeks Eleventh Circuit Review in Banks' Data Breach Suit; Hughes Hubbard & Reed LLP eAlert, July 18, 2016 (co-author)
  • SEC Fine Against Morgan Stanley Underscores Focus on Cybersecurity; Hughes Hubbard & Reed LLP eAlert dated June 16, 2016 (co-author)
  • Defending A Data Breach Class Action, New York Law Journal, June 6, 2016 (co-author)
  • When Banks Sue Merchants Over Data Breaches, Law 360 June 3, 2016 (co-author)
  • Cybersecurity Implications of Supreme Court's Spokeo Decision Begin to Emerge; Hughes Hubbard & Reed LLP eAlert, June 1, 2016 (co-author) 
  • Spokeo's Implications for Cyber-Security Litigation; Hughes Hubbard & Reed LLP eAlert, May 20, 2016 (co-author)
  • EU Safe Harbor Ruling - Trends and Courses of Action; Hughes Hubbard & Reed LLP eAlert, November 30, 2015 (co-author)
  • Three Ways You May Be Affected by the EU Safe Harbor Ruling; Hughes Hubbard & Reed LLP eAlert, October 21, 2015 (co-author)
  • The Impact on US Discovery of EU Data Protection and Discovery Blocking Statutes; Hughes Hubbard & Reed LLP Client Advisory, January 2013 (co-author)
  • Second Circuit Clarifies Standards for eDiscovery Sanctions, Hughes Hubbard & Reed LLP eAlert, July 10, 2012 (co-author)
  • First Department Provides “High-Definition” Clarity for Document Preservation Standard, Hughes Hubbard & Reed LLP eAlert, March 1, 2012 (co-author)
  • Severance in Multiplaintiff Pharmaceutical Cases, Product Liability Law 360, October 18, 2011 (http://www.law360.com/productliability/articles/277882/severance-in-multiplaintiff-pharmaceutical-cases) (co-author)
  • Anatomy of the Case:  Corporate Legal Department Successes and Mishaps, New York Legal Tech, January 31, 2011 (panelist)
  • The Lessons Learned from eDiscovery Sanctions in 2010, December 16, 2010 (http://www.zylab.com/lp/vids/webinar3.htm) (speaker)
  • Legal Hold May Keep You Out of Jail Over E-Discovery, Law 360, October 1, 2010 (http://www.law360.com/articles/197725)
  • Practical Implications of Recent E-Discovery Rulings:  Advice from Outside Counsel, June 14, 2010 (speaker)
  • The Risks and Rewards of Bringing eDiscovery In-House, New York Legal Tech 2010 (panelist)
  • The Role of Microsoft SharePoint and Text-Mining in Early Case Assessment and Legal Holds, New York Legal Tech 2010 (panelist)
  • How In-House Legal Departments Can Operate Most Effectively with Outside Counsel, New York Legal Tech 2010 (panelist)
  • “E-discovery” chapter in  Litigators on Experts (American Bar Association 2010) (co-author)
  • “FDA and Regulatory Experts” chapter in Litigators on Experts (American Bar Association 2010) (co-author)
  • Zubulake Revisited: Six Years Later, Securities Law 360, January 15, 2010 (http://securities.law360.com/articles/143679) (co-author)
  • eDiscovery in the Months Ahead, Product Liability Law 360, April 6, 2009 (co-author)
  • ESI: You Have It, But Can You Use It, Product Liability Law 360 February 24, 2009 (co-author)
  • Medical Monitoring; Gone With the ‘90s?, Product Liability Law 360, June 13, 2008 (co-author)
  • New Evidence Rule 502:  How Much Help Will It Be?  Product Liability Law 360, June 12, 2008 (co-author)
  • Things that Go Bump in the Night:  Qualcomm and New Century; Hughes Hubbard & Reed LLP eAlert, February 2008 (co-author)
  • Riegel v. Medtronic, Inc.:  What Does it Portend for the Broader Pre-Emption of Common Law Claims against Drug Manufacturers? Hughes Hubbard & Reed LLP eAlert, February 2008 (co-author)

Recognition

  • Recognized by The Legal 500 United States as one of the top product liability, mass tort and class action defense lawyers (pharmaceuticals and medical devices)

Highlighted Matters

Asia-Pacific/Japan

  • Representation of a Japanese chemical company in various disputes, acquisitions, and IP licensing matters
  • Representation of a Japanese manufacturer of auto parts in connection with class action litigation in the United States
  • Representation of a diversified Japanese industrial company in an international arbitration against an Indonesian power plant owner
  • Representation of a Japanese manufacturing company pursuing global claims arising out of a worldwide recall of auto parts, including U.S. litigation against the supplier of the parts
  • Representation of a Japanese trading company in an international arbitration against a major U.S. manufacturer of aerospace equipment
  • Representation of a Japanese retailer in complex litigation and an international arbitration arising out of the bankruptcy of Barneys New York
  • Representation of the U.S.-based subsidiary of a Japanese manufacturer in court proceedings and arbitrations involving dealership issues

Commercial Litigation, Banking and Financial Services

  • Representation of the Trustee in the SIPA liquidation of one of the country’s largest broker-dealers and related litigation involving approximately $5 billion in assets
  • Representation of a foreign bank in litigation arising out of a $280 million credit facility
  • Representation of a foreign bank as administrator of the estate of Jamaican reggae singer Bob Marley in litigation involving RICO and fraud claims
  • Representation of a world-renowned entertainer and media personality in a breach of contract action
  • Representation of an international manufacturing company in an arbitration involving breach of contract issues

Product Liability and Mass Tort

  • Served as chair of the FDA regulatory team and as national coordinating counsel for a leading pharmaceutical company in one of the country’s largest personal injury litigations
  • In multidistrict litigation that included consumer class actions and personal injury cases against two major pharmaceutical companies, Seth headed the team that obtained the dismissal of all the personal injury cases
  • Served as chair of the medical expert team in nationwide litigation involving a major U.S. tobacco company

Data Privacy, Cybersecurity and eDiscovery

  • In the SIPA liquidation of one of the country's largest broker-dealers, Seth led the team that collected the company's books and records, a massive amount of information that included more than 227 billion transaction records and more than 143 terabytes of data.  Seth also oversaw the building, from the ground up, of a fully functioning data center that re-created the broker-dealer’s operational abilities  
  • Seth has served as national discovery counsel and on national steering committees in major pharmaceutical litigations. He led the team that handled end-to-end eDiscovery in what was, at the time, believed to be the largest document-intensive pharmaceutical case in the country
  • Seth has advised accounting firms, businesses, e-commerce companies, financial institutions, governmental authorities, and law firms on various aspects of privacy law and cybersecurity, including GDPR compliance, U.S. state and federal privacy laws, cross-border transfers, internal privacy policies, website compliance, third-party processing agreements, consumer protections, incident response, data breaches, and ransomware attacks
U.S. Legal News for Japanese Companies
Client Advisories
View News Article
U.S. Legal News for Japanese Companies - April 2024 Edition
Client Advisories
View News Article
U.S. Legal News for Japanese Companies - December 2023 Edition
Client Advisories
View News Article
U.S. Legal News for Japanese Companies - October 2023 Edition
Client Advisories
View News Article
Section 1782: Obtaining Evidence in the United States for Japanese Proceedings
Client Advisories
View News Article
Biometric Privacy Trends in the United States
Client Advisories
View News Article
Recent Developments – U.S. Data Breach Reporting Obligations
Client Advisories
View News Article
"Shields Up": What You Should Be Doing to Prepare for Russian Cyberattacks
Client Advisories
View News Article
What the Biden Administration Will Mean for Japanese Companies
Client Advisories
View News Article
Class Certification Denied in Antitrust Lawsuit against Japanese Companies
Client Advisories
View News Article
L’impact de l’arrêt Schrems II sur les programmes de conformité anticorruption
Client Advisories
View News Article
​Impact of Schrems II On Anti-Corruption Compliance Programs
Client Advisories
View News Article
Portland, Oregon Bans Facial Recognition Technology
Client Advisories
View News Article
GAO Report: Facial Recognition Technology Privacy and Accuracy Issues Related to Commercial Uses
Client Advisories
View News Article
The EU-U.S. Privacy Shield Is Invalid: What Now?
Client Advisories
View News Article
顔認識技術:民間使用に対する拡大する規制
Client Advisories
View News Article
Facial Recognition Technology: The Expanding Regulation of Private Sector Use
Client Advisories
View News Article
米国訴訟から身を守る:日本親会社に対する裁判管轄
Client Advisories
View News Article
Protecting Yourself from U.S. Litigation: Jurisdiction over a Japanese Parent Company
Client Advisories
View News Article
CCPA Litigation
Client Advisories
View News Article
日本企業のための米国倒産法の概要
Client Advisories
View News Article
An Overview of U.S. Bankruptcy Law for Japanese Companies
Client Advisories
View News Article
Medical Device Approval and Regulation in the United States
Client Advisories
View News Article
Washington State Enacts Groundbreaking Facial Recognition Law
Client Advisories
View News Article
COVID-19: Privacy Law in the Time of Pandemic
Client Advisories
View News Article
Working from Home: Best Practices for Data Security
Client Advisories
View News Article
新型コロナウィルスの世界的流行に起因するサプライ・チェーンの断絶に直面する 日本企業のためのニューヨーク法の考察
Client Advisories
View News Article
New York Law Considerations for Japanese Companies Facing Supply Chain Disruptions Due to the COVID-19 Pandemic
Client Advisories
View News Article
Japan Promotes Investment in Africa
Client Advisories |
Deals & Matters
View News Article
CNIL Fines Google €50 Million: What this Means for Businesses and their GDPR Obligations
Client Advisories
View News Article
New FDA Guidance on Medical Devices
Client Advisories
View News Article
Home Depot Victory Discourages Shareholder Data Breach Suits
Client Advisories
View News Article
NHTSA Issues Guidance on Connected Cars
Client Advisories
View News Article
Recent Developments in Cybersecurity and Data Privacy
Client Advisories
View News Article
New York Announces a First-In-The-Nation Cybersecurity Regulation
Client Advisories
View News Article
Wendy's Data Breach Suit Dismissed Where No Monetary Loss Alleged; Amendment Filed
Client Advisories
View News Article
Home Depot Seeks Eleventh Circuit Review in Banks' Data Breach Suit
Client Advisories
View News Article
SEC Fine Against Morgan Stanley Underscores Focus on Cybersecurity
Client Advisories
View News Article
Cybersecurity Implications of Supreme Court's Spokeo Decision Begin to Emerge
Client Advisories
View News Article
Spokeo's Implications for Cyber-Security Litigation
Client Advisories
View News Article
EU Safe Harbor Ruling - Trends and Courses of Action
Client Advisories
View News Article
Three Ways You May Be Affected by the EU Safe Harbor Ruling
Client Advisories
View News Article
First Department Provides “High-Definition” Clarity for Document Preservation Standard
Client Advisories
View News Article

News

Firm Reps Bloomsbury in Complex $83M Acquisition of Rowman & Littlefield’s Academic Publishing Business
News & Events |
Deals & Matters
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Firm Advises Cenveo on Sale of Custom Labels Group to Brook + Whittle
News & Events |
Deals & Matters |
People
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Firm Advises Cantor Fitzgerald SPAC in Business Combination with Rumble
News & Events |
Deals & Matters
View News Article
Seth Rothman, Paul Marston and Shigeki Obi Lead Webinars for Japanese Companies
News & Events
View News Article
Discovery Strategies and Potential Advantages for Japanese Companies
News & Events
View News Article
U.S. Trends – Environmental, Social & Governance
News & Events
View News Article
Litigation Wrap: Fourth Quarter 2018
News & Events |
Awards |
Deals & Matters |
People
View News Article
Firm Wins 2 Turnaround Atlas Awards for Restructuring Work
News & Events |
Awards
View News Article
In The Cybersecurity Law Report: International Law Playing Cybersecurity Catch-Up (Part Two of Two)
Articles & Press
View News Article
Firm Successfully Represents Low-Income Resident in Shareholder Derivative Suit
News & Events |
Pro Bono
View News Article
In The Cybersecurity Law Report: International Law Playing Cybersecurity Catch-Up (Part One of Two)
Articles & Press
View News Article
Hughes Hubbard Partner Seth Rothman Interviewed on Federal News Radio
News & Events
View News Article
In Law360: FDA Faces Uncertainty Implementing 21st Century Cures Act
Articles & Press
View News Article
In NYLJ: Do Mitigation Efforts Give Plaintiffs A Right to Sue in Data Breach Cases?
Articles & Press
View News Article
Hughes Hubbard Prevails in Discovery Bid for Transgender Inmate
News & Events |
Pro Bono
View News Article
Hughes Hubbard Wins Discovery Bid for Transgender Inmate
News & Events |
Pro Bono
View News Article
Defending A Data Breach Class Action
Articles & Press
View News Article
Lehman Trustee Awarded Billions
News & Events
View News Article
Legal Hold May Keep You Out of Jail Over E-Discovery
Articles & Press
View News Article
Zubulake Revisited: Six Years Later
Articles & Press
View News Article
Education
  • New York University School of Law, J.D., 1990
  • Duke University, B.A., 1987
Bar Admissions
  • Florida, 2012
  • New York, 1991
Areas of Focus
Arbitration
Asia Pacific
Banking & Financial Services
Data Privacy & Cybersecurity
Defense Industry
Digital Assets and Blockchain
Litigation
Product Liability
Regulatory Compliance
Securities Litigation
Toxic Torts & Environmental

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