Kelly Atherton

Counsel
Norton Rose Fulbright US LLP

Minneapolis
United States
T:+1 612 321 2218
Minneapolis
United States
T:+1 612 321 2218
Kelly Atherton

Kelly Atherton

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Biography

Kelly Atherton is a member of the Information Governance, Privacy, and Cybersecurity team.  She has extensive experience across all phases of eDiscovery, data breach, and cyber incident response and has a deep understanding of the technical aspects of eDiscovery and how to effectively leverage technology to optimize client outcomes in a defensible and efficient manner. 

Prior to joining the firm, Kelly served as a director at a leading corporate discovery management company where she served as an expert on TAR and analytics matters and lead the analytics and managed review division.  Earlier in her career, she practiced complex business litigation.

Professional experience

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JD, Willamette University, 2005

BA, University of Puget Sound, 2001

While in law school, Kelly was Editor-in-Chief of the Willamette Journal of International Law and Dispute Resolution and Note and Comment Editor of the Willamette Law Review.

  • Minnesota State Bar
  • Co-Author, NYDFS addresses cybersecurity risks from artificial intelligence, Norton Rose Fulbright Data Protection Report, October 2024.
  • Co-Author, Minnesota enacts comprehensive privacy law, Norton Rose Fulbright Data Protection Report, June 2024.
  • Co-Author, Analytics and Technology Assisted Review Chapter, MN CLE eDiscovery Deskbook, 2023 Edition.
  • Co-Author, Guide to TAR Workflows, Bloomberg, February 2021.
  • Contributor and Project Trustee, Uses of AI in eDiscovery, EDRM, February 2021.
  • Contributor, Technology Assisted Review (TAR) Guidelines, EDRM, February 2019.
  • Co-Author, How TAR Works and Why It Matters for Legal Professionals, New Law Journal, September 2018.
  • Author, Technology Assisted Review, White Paper, NightOwl Discovery, April 2018.
  • Co-Author, Addressing the Challenges of Multilingual Document Review, Legal Week, January 2018.
  • Author, An Overview of Ninth Circuit Decisions in First Amendment Law, 41 WILLAMETTE L. REV. 575 (2005). 
  • Author, Compensating Victims under the "Terrorism-Exception" of the Foreign Sovereign Immunities Act: A State-Sponsored Victim's Compensation Fund, 12 WILLAMETTE  J. INT'L L. & DISP. RESOL. 158 (2004). 
  • Moderator, Generative AI’s Potential Impact on the Discovery Process, The Sedona Conference WG1 Annual Meeting, Phoenix, AZ, October 2024.
  • Moderator, E-Discovery A to Z: How to Utilize Analytics and Technology Assisted Review – Modern Tools of the Trade, Minnesota CLE Webinar, June 2024. 
  • Moderator, Recommendations from the Artificial Intelligence and Machine Learning Brainstorming Group, The Sedona Conference WG1 Midyear Meeting, Arlington, VA, April 2024.
  • Presenter, eDiscovery Trends and Hot Topics, Women in eDiscovery, Minneapolis, MN, July 2023.
  • Presenter, Data Mining in Incident Response: Managing Risk and Spend through an Effective Evidence Based Approach, Technosecurity and Digital Forensics Conference, Wilmington, NC, June 2023.
  • Presenter, Cybernetic Eyes May Be the Mirror of Our Soul: What Artificial Intelligence Can Teach Us about Human Biases, The Sedona Conference WG1 Midyear Meeting, Portland, OR, April 2023.
  • Presenter, Striking a Balance: Data Mining and the Scientific Method—Creating Defensible Outcomes, Relativity Fest, Chicago, IL, Oct. 2022.
  • Moderator, Diversity Programs in the Corporate Legal Sector: Branding or True Initiative?, The Sedona Conference WG1 Midyear Meeting, Phoenix, AZ, April 2022.
  • Presenter, Review by Any Other Name: Cyber Review vs. eDiscovery Document Review, LegalWeek, New York, NY, March 2022.
  • Presenter, Privilege Logs Version 2021, The Sedona Conference WG1 Annual Meeting, Cleveland, OH, October 2021.
  • Moderator, Best Practices for Handling Privilege Reviews in Discovery, Driven Webinar, February 2021.
  • Presenter, Reinventing the Privilege Log, The Sedona Conference WG1 Annual Meeting, October 2020.
  • Presenter, Document Review Technology, EDI Judicial Training Symposium, Lake Tahoe, NV, October 2019.
  • Presenter, Diversity Awareness and its Unique Benefits to eDiscovery, The Sedona Conference WG1 Midyear Meeting, Charlotte, NC, May 2019.
  • Presenter, Three Ways Artificial Intelligence Will Change eDiscovery Over the Next Three Years, Exterro Webinar, April 2019.
  • Presenter, Panel Discussion on TAR & Cross Border Activities, La Touche Training eDiscovery Conference, Dublin, Ireland, November 2018.
  • Presenter, Next Gen TAR Cost Reduction, EDI Leadership Summit, Ft. Lauderdale, FL, October 2018.
  • Presenter, Artificial Intelligence and the Evolution of Document Review, Legal AI Forum, London, England, September 2018.
  • Presenter, Top Tips for Successfully Managing a Document Review Project, Women in eDiscovery, Minneapolis, MN, May 2018.
  • Presenter, Practical Use Cases for Leveraging AI/Machine Learning Today, Exterro Webinar, March 2018.
  • Presenter, Minority Report was Science Fiction Until Now, The Masters Conference, Dallas, TX, February 2018.
  • Presenter, Effectively Using Data Analytics for Litigation: ECA, TAR and Beyond, ARMA Live! 2017, Orlando, FL, October 2017 and ARMA 2017 Virtual Conference, December 2017.
  • Presenter, Practical Tips for a Successful First TAR Project, EDRM TAR Webinar Series, August 2017.
  • Member, The Sedona Conference Working Group on Electronic Document Retention and Production (WG1)
  • Member, All-Sedona Diversity Committee
  • The Sedona Conference WG1, Co-Lead, Brainstorming Group on Artificial Intelligence and Machine Learning in Discovery
  • The Sedona Conference WG1, Member, Brainstorming Group on Privilege Logs

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