William P. Butterfield
Hausfeld lost a dear friend and trusted colleague when partner William P. Butterfield passed away on Tuesday, December 13, 2016. Bill was an outstanding and accomplished lawyer, whether as an advocate, teacher, or scholar. He was a true gentleman and deeply respected by all who knew him. He will be sorely missed by the entire Hausfeld family, and we are grateful for the invaluable contributions that he made to the firm. For any client-related inquiries, please contact Brian Ratner at 202-540-7155 or firstname.lastname@example.org. We invite those who knew Bill to share their remembrances with us at email@example.com.
Bill Butterfield’s initial career as a prosecutor led to his interest in finding information that would help his clients prove their cases. His passion for problem-solving in large cases (finding the important information within millions of electronic records) and creating out-of-the-box solutions, led to his pioneering work in the field of electronic discovery. These skills made Bill uniquely suited to provide unparalleled services to clients, always with the goal of providing sensible solutions to his clients’ needs.
As partner at Hausfeld, Bill chaired the firm’s Financial Services Practice Group, and concentrated on financial services and antitrust litigation. He was also an internationally recognized authority on electronic discovery. In over 30 years of legal practice, Bill represented governmental agencies, brokerage firms, corporations, directors and officers, attorneys and investors in private litigation over securities, commodities, antitrust and consumer claims, and in investigations commenced by the Securities and Exchange Commission. He also defended clients in bankruptcy adversary proceedings and commercial litigation. Additionally, Bill served as a leader in several legal think tanks, taught law, and wrote and spoke frequently on legal topics. Bill had a rating of AV®, the highest rating available in Martindale-Hubbell’s peer review rating system. In 2016, he was named by Super Lawyers as a top Antitrust lawyer in Washington, D.C. He was also recognized for his e-discovery expertise by Chambers USA: America’s Leading Lawyers for Business, Chambers Global, and Global Competition Review's - Who's Who Legal.
Bill was counsel for the plaintiffs in In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D.N.Y.), which has resulted in over $1.2 billion in settlements. He was appointed by the Court to serve as lead counsel for the class in MTB Investment Partners, LP v. Siemens, No. 2:12-cv-00340 (D.NJ). He served as discovery co-chair for the class in In re Blue Cross Blue Shield Antitrust Litigation, MDL No. 2406, (S.D. AL). Bill was also one of the principal attorneys for plaintiffs in two of the largest cases being litigated in U.S. courts: In re LIBOR-Based Financial Instruments Antitrust Litigation, No. 11-md-2262, (S.D.N.Y.), and In re Foreign Exchange Benchmark Rates Antitrust Litigation, No. 13-cv-7789 (S.D.N.Y.).
Bill’s achievements included:
- Achieving settlements of over $120 million in a lawsuit alleging output restrictions in the wood products industry (In Re OSB Antitrust Litigation, (E.D. Pa.));
- Achieving settlements of almost $100 million in an antitrust price-fixing case involving the chemical industry (In Re Hydrogen Peroxide Antitrust Litigation, (E.D. Pa.));
- Acting as one of the principal attorneys involved in nationwide litigation challenging lending practices conducted by one of the nation’s largest sub-prime lenders. In that case, Bill worked extensively with the FTC, and was responsible for bringing nationwide media and Congressional attention to lending practices conducted by Associates Finance. The plaintiffs and FTC eventually settled with Citigroup (which had acquired Associates Finance) for $240 million (In Re Citigroup Loan Cases, J.C.C.P. 4197);
- Acting as one of the principal Plaintiffs’ attorneys in In re Prudential Securities Limited Partnerships Litigation, MDL No. 1005 (S.D.N.Y.), which settled for $137 million;
- Acting as one of the principal Plaintiffs’ attorneys in In re PaineWebber Securities Litigation, 94 Civ. 8547 (S.D.N.Y.), which settled for $200 million;
- Serving as outside counsel in the RTC’s successful defense of a $300 million arbitration dispute regarding the valuation of an acquired financial institutions investment and mortgage portfolio;
- Serving as outside counsel for the FDIC and RTC in numerous lawsuits and investigations to recover losses suffered by financial institutions due to securities, commodities and real estate fraud, director and officer misconduct and accounting malpractice;
- As outside counsel, representing political subdivisions in Texas, Ohio and California regarding securities matters.
Bill developed his interest in electronic discovery in the early 1990’s when he helped design and implement an electronic document repository to manage more than 15 million pages of documents in a complex securities case. He testified as an expert witness on e-discovery issues, and spoke frequently on that topic domestically and abroad. Bill was the chair of The Sedona Conference® Working Group on Electronic Document Retention and Production, where he served as editor-in-chief of the Case for Cooperation (2009), and was a co-editor of The Sedona Conference® Commentary On Preservation, Identification and Management of Sources of Information that are Not Reasonably Accessible (2008). He was also a member of Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure. Bill was an adjunct professor at American University, Washington College of Law, where he taught a course in e-discovery. He also served on advisory boards for Georgetown University Law Center’s Advanced E-Discovery Institute, and Bloomberg BNA Litigation.
Bill devoted significant time to his community. He was a longtime contributor to his alma mater, Bowling Green State University. He also served as Treasurer to the BGSU Foundation, Inc., as well as on the BGSU Alumni Board, and as president of local alumni chapters in Dayton, Ohio and Washington, DC. As recognition for his philanthropy and service to the university, Bill received the BGSU Alumni Service Award in 2001. Additionally, Bill – a former Eagle Scout – served as a leader for scouting organizations. Bill also served for several years as the vice chair of the Fairfax Private Industry Council.
University of Toledo, College of Law, J.D., 1978
Bowling Green State University, B.S.Ed., 1975
District of Columbia
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Sixth Circuit
United States District Court of Maryland
United States District Court for the District of Columbia
United States District Court, Eastern District of Michigan
United States District Court, Southern District of Ohio
Affiliations & Memberships
Super Lawyers - Antitrust Litigation (2016)
Chair, Steering Committee, Working Group 1, (Electronic Document Retention and Production) (2015)
Who’s Who Legal “Electronic Discovery Experts,” (2015)
Vice Chair, Steering Committee, Working Group 1, (Electronic Document Retention and Production) (2014)
SmartCEO, Washington Power Player for 2014.
Bowling Green State University Foundation Board, Inc. (Director, 2010 – present)
Member, Working Group 6
International Electronic Information Management
Georgetown University Advanced E-Discovery Institute- Member of the Board Advisory Counsel.
Martindale-Hubbell Attorney ranking of AV®; the highest rating available
American Bar Association Antitrust Law Section
Ohio State Bar Association
Chambers and Partners, Ranked for Litigation: E-Discovery Expertise in Chambers USA and Chambers Global Guides.
News & Press
"Standards for Using Predictive Coding, Machine Learning, and Other Advanced Search and Review Methods in Discovery," DESI V Workshop, Rome, Italy, June 2013, Interview.
Bloomberg Businessweek, "Butterfield: Libor Damages Will Be Very Substantial" (July 2012)
BBC Podcasts, Simon Cox Examines the Implications of the Libor Rate Scandal, (July 2012)
BBC News, "Lawyers Predict Libor Losers Will Sue For Compensation," (July 2012)
Law Technology News, Coping With Preservation and Proportionality in Legal Holds (May 2012)
The Economist, "An Expensive Smoking Gun - Court Documents Shed Light on How LIBOR Was Allegedly Manipulated." (April 2012)
Law Technology News, House Judiciary Subcommittee: No Need to Act on EDD (December 2011)
Association of E-Discovery Certified Specialits,"Holding powers other branches lack, Congress enters e-discovery fray to probe new rules, growing costs," (2011)
William Butterfield - "E-Discovering Hausfeld," Legal Bisnow, October 16, 2009
William P. Butterfield Appointed to The Sedona Conference® Steering Committee on E-Discovery. (October 14, 2009)
Quoted in Lawyers Weekly: “E-Discovery: Business is Booming and Lawyers are getting in on the Trend.” (March 14, 2006; subscription required)
Reality Bites: Why TAR's Promises Have Yet to be Fulfilled (co-author with Conor R. Crowley & Jeannine Kenney); Presented at: DESI V Workshop on June 14, 2013 in Rome, Italy
Pension Committee Revisited: One Year Later - A Retrospective on the Impact of Judge Scheindlin's Influential Opinion (Legal Hold Pro, February 2011) (Edited by Brad Harris & Ronald Hedges) (Perspectives from Craig Ball, Kevin Brady, William Butterfield, Maura Grossman, John Jablonski, Ralph Losey, Browning Marean, Jonathan Redgrave, Denise Talbert, and Paul Weiner)
Milberg, LLP/Hausfeld, LLP, E Discovery Today: The Fault Lies Not In Our Rules, 2011 Fed. Cts. L. Rev. 4 (2011),
Contributor, Shira A. Sheindin et al., Electronic Discovery and Digital Evidence: Cases and Materials (West 2009).
William P. Butterfield, Conor R. Crowley, Melinda R. Coolidge, “Diving Deeper to Catch Bigger Fish,” DESI III Conference, June 8, 2009
William P. Butterfield, Editor-in-Chief, The Case for Cooperation, 10 Sedona Conf. Journal, 339-362 (2009 Supp.)
Thomas Y. Allman, William P. Butterfield, et al., Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible, 10 Sedona Conf. Journal at 281-298 (2009)
Presentations & Speeches
IAALS Fourth Civil Justice Reform Summit, Denver, CO, February 25-26, 2016, Speaker
Chair of the Sedona Conference, Working Group 1 Midyear Meeting 2015, Dallas, TX, April 29, 2015
Zapproved Conference on Preservation Excellence, Portland, OR, September 16-18, 2015, Speaker
"Proportionality, A View From All Sides," "First, Do No Harm: Preserving and Collecting," "Part 2: TAR- Not as Sticky as It Appears," ASU 2013 e-Discovery and Digital Evidence Conference, Phoenix, AZ, March 14, 2013, Panelist
"The experiences in the US Compared to the UK and Europe," IBC's Antitrust and Collective Redress Conference, London, UK, November 4, 2013, Presenter
"Understanding the Practical Ethical Realities of the Emerging New World of Civil Discovery: Applying Cooperation, Transparency and Proportionality in Your Cases," "Best in Class" E-Discovery, Denver, CO, June 22, 2013, Panelist
"Ten Years After- Where We Have Been and Where We Are Going?" The 10th Annual Advanced eDiscovery Institute: Applying Lessons from the Last Decade to Challenges in the Next, McLean, VA, November 21-22, 2013, Panelist
"e-Discovery Issues on the Horizon," Sedona Conference, St. Louis, MO, April 26, 2013, Panelist
"Preservation: A Vital Litigation Tool for Plaintiffs who Avoid the Landmines," Plaintiff Electronic Discovery Conference, New York, NY, June 27, 2013, Presenter
"ESI Rules: Who, What, When, Where, Why, and How?" "Crafting Model Orders, Guidelines, and Rules," The 2nd Annual Educational Summit for State Court Judges, Denver, CO, September 19-20, 2013, Faculty
"Federal Rules Committee and E-Discovery," 9th Annual Meeting for the American College of Business Court Judges, Fairfax, VA, September 16, 2013, Panelist
"Reality Bites: Why TAR's Promises Have Yet to be Fulfilled," DESI V Workshop, Rome, Italy, June 7, 2013, Keynote Speaker
E-Discovery Seminar for Federal Judges, Philadelphia, PA, September 10, 2013, Faculty
“Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ and Defense Counsel,” New York City Bar Association, New York, NY, May 17, 2012, Panelist
“Mass Tort Litigation Conference With Judge Marina Corodemus (Ret.),” Philadelphia, PA, June 4, 2012, Panelist
"Cooperation in Discovery and Litigation" and "What are the Difficulties in Preservation for Individuals and Companies," E-Discovery Boot Camp, Denver, CO, June 23, 2012, Panelist
"Proposed Amendments to the Federal Rules," Sedona Conference, Atlanta, GA, September 14, 2012, Panelist
E-Discovery Seminar for Federal Judges, Baltimore, MD, September 19, 2012, Faculty
"Cooperation and the Use of Special Masters," Master's Conference, Washington, DC, October 8, 2012, Panelist
"When Things Go Wrong: Incident Response from Different Perspectives," 9th Annual Georgetown Law Advanced eDiscovery Institute, Washington, DC, December 7, 2012, Panelist
“Future of the Rules/New Developments,” 8th Annual Georgetown Law Advanced E-Discovery Institute, Washington, D.C., November 18, 2011, Panelist
“Preservation: Will This be the Next Change to the Federal Rules,” The Masters Conference, Washington, D.C., October 3, 2011, Panel Moderator
“Time for Change? Amending the Federal Rules of Civil Procedure,” Kroll OnTrack, Inc., Webinar, September 28, 2011, Panelist
“ESI Report Podcast Recording,” Legal Talk Network, September 28, 2011, Speaker
“The 34th Annual International ACM SIGIR Conference,” Beijing, China, June 2011, Panelist
“How I Would Attack Your ERM Program in Discovery and Trial,” ARMA International Podcast, June 1, 2011, Speaker
E-Discovery Seminar for Federal Judges, Charleston, SC, June, 2011, Faculty
"A Talk with the Wolf Before He Gets into the Hen House: How I Would Attack Your Electronic Records Management Program in Discovery & Trial,” The MER Conference, Chicago, IL, May 23, 2011, Speaker
E-Discovery Reality Show: Surviving the Meet & Confer,” LegalTech, New York, NY, January 31, 2011, Panelist
“Discovery in a Virtual World: A Mock Meet and Confer in Federal Court,” ARMA International Conference & Expo, Washington, D.C., October 17, 2011, Panelist
Ischemia Research and Education Foundation v. Pfizer, Inc., No. 1-04CV-026653, Cal. Superior Court, Santa Clara County. (Testified as expert witness regarding litigation hold and spoliation issues involving electronically stored information.)
U.S. House of Representatives, Committee on the Judiciary, Subcommittee on the Constitution: regarding the costs and burdens of civil litigation, December 13, 2011
U.S. Judicial Conference Committee on Rules of Practice and Procedure regarding proposed electronic discovery amendments to the Federal Rules of Civil Procedure (2005)