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Jonathan Marshall

Senior Managing Director

Photograph of Jonathan Marshall

150 North Riverside Plaza, Suite 2400
Chicago, IL 60606

+1.312.212.6100 Main
+1.312.573.5639 Direct

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Jonathan Marshall is a Senior Managing Director at Ankura. Prior to relocating to Chicago, Jonathan spent four years in the London office. He brings over 15 years’ experience in technology consulting specializing in advising businesses and legal teams on all aspects of data-driven events related to litigation and regulatory action, including relevant data identification and preservation, forensic collections, discovery, cross-border disputes and investigations, and business application management. He has worked across a range of sectors including financial services, energy, healthcare, construction, consumer goods, defense contracting, manufacturing, mining, and technology. Jonathan regularly serves as an expert on eDiscovery related issues and third-party assessments of eDiscovery procedures.

Experience

Examples of his professional experience include:

  • Served as a third-party expert related to a defendant’s production adhering to the agreed ESI protocol and typical eDiscovery industry norms.
  • Led technology team on a dispute related to failed implementation of robot sorting technology. Included collecting data from several sensors and underlying databases supported an automated conveyer belt system. Coordinated with video communications team to record operating conditions of failed machinery.
  • Served as a third-party expert in a litigation opining on standard deduplication procedures and production of metadata fields related to global deduplications and duplicate custodians.
  • Served as a third-party expert in a litigation exploring and confirming a data loss of attorney work product.
  • Served as an expert for a large insurance carrier related to a failed legal hold and eDiscovery application deployment. Drafted expert report citing multiple failures of deployment in support of the client’s claims.
  • Engaged by a global Law Firm on early case assessment to determine whether their client should move forward with litigation. Involvement included the email collection from eight people over a period of a year, which resulted in a dataset of half a million documents after data had been processed and deduplicated. The legal team recognized early on that they were likely looking for a small number of communications, many of which could be inconsistent and colloquial in nature. Therefore, using key words to determine the relevant review population would fail to capture the nuances being discussed. Jonathan’s team deployed multiple analytical tools to help the legal team identify and review the relevant population of documents that didn’t require the use of keywords. Data was loaded into a visual analytical tool to allow the lawyers to begin their investigation. Within a short period, large amounts of documents were eliminated from the review. By looking at only those who were sending communications within the data set, it became apparent that many of the top 10 communicators were not from the emails collected, but rather included people whose roles were not applicable to the investigation. After a review of all communication domains and entities, the legal team was able to identify 252,940 records to be eliminated. With 246,277 documents remaining, a limited timeframe, and still no keywords, a large population of documents required reviewing. Plus, the legal team had also obtained 70 emails from the client that contained relevant communications for the investigation. Using a proprietary predictive coding tool, NAVPredict, we were able to build a predictive coding model analyzing those 70 documents. The initial sample pulled identified how many estimated relevant documents were in the remaining population, or “richness,” returning only seven relevant documents. Extrapolating that to the overall remaining population meant that we were expected only 1,000 relevant documents to be produced.
  • For a large international bank, led team conducting simultaneous historical reviews of transactions suspected of violating US Office of Foreign Asset Control (OFAC) regulations and the corresponding conduct review of bank employees facilitating those transactions. Worked with the bank and a team of data analysts to compile 10 years of wire transfer information from multiple – and often incomplete – disparate data sources and transform that information into a single database allowing for applying advanced culling methodologies to limit the transactions elevated to further review by the expert compliance investigations team. Additionally, helped the bank’s legal team collect, cull and review several million email records over the course of the investigation and facilitated the production of relevant emails, first to local regulators, then ultimately to OFAC and the DOJ. All work was completed within the bank’s offices using mobile instances of our eDiscovery technology.
  • Led team on internal investigation involving Foreign Account Tax Compliance Act (FATCA) violations for an off-shore bank managing US citizens’ accounts. Involved managing a full on-site deployment of specialized software for reviewing financial transaction data. Additionally, hosted and managed on-site technology and review team directing a conduct review into correspondence data.
  • Led team on cross-border eDiscovery matter related to swaps for an Italian bank. Included collected data across several offices in Italy and supporting the legal team in document review and production.
  • Led a global engagement in response to US regulators involving highly sensitive client data located in seven countries where relevant data was unable to cross borders due to concerns of data protection. Jonathan deployed and managed resources around the globe that were able to both forensically collect the relevant media and process and host the data on-site using the Symantec Clearwell eDiscovery Platform. Jonathan and his team worked with attorneys on-site to walk through an early case assessment workflow that allowed the attorneys to make real-time decisions and develop a culling strategy that could then be replicated across all data centers. This strategy greatly reduced the reviewable population saving the client money by using an intelligent approach to this eDisclosure challenge.
  • Led a third-party audit for a global financial services company of a technology provider that was consistently failing with its obligation to the eDiscovery process. Through a series of in-person visits and conference calls, audited each procedure as it related to processing and hosting of data and provided recommendations to get the vendor and the client back on track with their eDiscovery processes and restore confidence in the process.

 

Education
  • Masters of Business Administration, Northwestern University Kellogg School of Management
  • BA, The Ohio State University
Affiliations
  • The Sedona Conference, Working Group 1 – Electronic Document Retention and Production
  • The Sedona Conference, Working Group 6 – International Electronic Information Management, Discovery & Disclosure

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