Biography
Attorneys
Amor A. Esteban [ Partner ]
San Francisco
P: 415-544-1944 (Direct)
P: 415-544-1900 (Main)
F: 415-391-0281
Biography
As a partner of Shook, Hardy & Bacon L.L.P., Amor’s expertise in e-discovery, records and information management and data privacy is widely known. In 2003, he served on the American Bar Association (ABA) task force responsible for the 2004 e-discovery amendments to the 1999 Discovery Standards promulgated by the Section of Litigation. Having served on various working groups for The Sedona Conference ®, an e-discovery think-tank, Amor presently sits on its corporate board and is the chair and editor-in-chief to the organization’s Working Group 6 that focuses on data privacy and electronic discovery internationally.
Amor has authored numerous articles and has spoken for a variety of outlets on topics concerning international and domestic data privacy, data security, records and information management, electronic discovery, cloud computing and related topics. Amor has also written and presented on subspecialty topics including clinical trial liability, product recall, attorney-client privilege and the work product doctrine, product liability defense strategies, managing mass tort litigation, preemption and application of product liability law internationally. As a frequent speaker, Amor has participated in conferences and seminars across the country and internationally.
Amor represents national and international businesses in all aspects of e-data and information law and related litigation and government investigations. Amor was an early pioneer in building in-house e-discovery teams and corporate preservation, processing, production and e-discovery defense counsel guidelines. Amor has extensive experiences developing records and information policies, record retention schedules, information usage policies, data security policies, data privacy policies and legitimization plans for cross-border discovery and data processing and transfers. Amor works with in-house counsel, information technology professionals, records and information management professionals, data security professionals and risk managers to develop or augment existing information-related corporate practices and procedures.
Amor is also recognized for his legal work on behalf of the sponsors of clinical trials and has written and lectured extensively on the subject. Amor’s experiences include the transactional aspects of the representation, for example the drafting of clinical trial agreements and participant consent protocols, as well as the defense of personal injury claims arising from study medications.
Amor is an original member of The Sedona Conference® and contributor to its much-heralded The Sedona Conference® Principles Addressing Electronic Document Production published in 2005. Amor presented as an invited speaker to the E.U’s Article 29 Working Party concerning cross-border discovery and disclosure in 2010. In addition to his task force role for the ABA leading to publication of the 2004 e-discovery amendments to the 1999 Discovery Standards, Amor was the ABA’s co-chair of its Product Liability Committee for the Section of Litigation. Amor is an advisory board member for the Bureau of National Affairs’ "Class Actions Reporter" and a member of the International Association of Privacy Professionals, the Defense Research Institute and the California Bar Association. Amor has been recognized by Chambers USA: America's Leading Lawyers for Business as within a small, select group of e-discovery experts in both 2010 (the first year of e-discovery recognition) and again in 2011 and 2012. Best Lawyers in America also included Amor in its 2013 edition for his mass tort litigation class action work.
Amor received his Bachelor of Arts degree in political science in 1981 from Michigan State University. In 1984, he received his Juris Doctor, cum laude, from the University of Detroit School of Law.
Publications
Cloud Computing: Government Compelled Disclosure of Electronic Records Threatens Acceptance of New Technology, SHB's Seventh Annual Update of the Law CLE, Kansas City, Missouri, June 17, 2010; Co-author with Patrick Gregory and Therese Miller.
E-Discovery, Privacy, And The Transfer Of Data Across Borders: Proposed Solutions For Cutting The Gordian Knot, The Sedona Conference Journal, Vol. 10, Fall 2009; Co-Author with Moze Cowper.
Is There A Spin Doctor In the House? Public Relations Consultants & Potential Waiver Of Confidentiality (Ethical & Practical Considerations of Involving Public Relations Consultants), The Sedona Conference Journal, Vol. 9, Fall 2008; Co-Author with Makai Fisher.
E-Discovery In Healthcare & Pharmaceutical Litigation: What’s Ahead for ESI, PHI & EHR?, The Sedona Conference Journal, Vol. 9, Fall 2008; Co-Author with Kevin F. Brady, Ronald J. Hedges, Katherine L. Ball.
The French Supreme Court Decision That Will Affect Discovery Abroad, Vol. 22, No. 4, In-House Litigator, the ABA Journal of the Committee on Corporate Counsel, Summer 2008; Co-Author with Moze Cowper.
Avoiding Sanctions: A Reasonable Approach to the Question Of Whether To Preserve Backup Data, Vol. 3, Issue No. 9, Mealey's Litigation Report Discovery, June 2006; Author.
Rapid Developments in Electronic Discovery Spur Adoption of New ABA Standards, The Sedona Conference, Working Group on Electronic Discovery, Annual Meeting, Sante Fe, New Mexico, 2004; Course Material.
How to Prevent and Manage Product Liability Claims Arising Out of Clinical Trials, American Conference Institute, Managing Legal Risks in Conducting & Promoting Clinical Trials, October 2003; Course Material.
Managing Clinical Trial Liability: Institutionalizing Informed Consent, Medical Research Law & Policy, Vol. 2, No. 12; The Bureau of National Affairs, June 2003; Co-Author.
Uncharted Waters: Communications with Public Relations Consultants May Threaten Attorney-Client and Work Product Confidentiality, Drug and Medical Device Seminar, New Orleans, Defense Research Institute, May 2003; Course Material.
Use of Public Relations Consultants May Threaten Attorney Client and Work Product Confidences, DrinkerBiddleReath LLP Products Liability Update, Vol. I., March 2003.
Managing Mass Tort Litigation: An Overview and Analysis of Available Practices & Procedure, ABA Annual Meeting, Section of Litigation, 1999; Co-Author.
The Medtronic Age, Products Liability Newsletter, Volume 9, Number 3, American Bar Association, 1997; Co-Author.
Medtronic: One Step Forward, Two Steps Back, Bureau of National Affairs, 1996.
Fear of Disease: California Opens the Door to a New Theory of Liability Affecting Companies That Sell to the United States, International Legal Strategy, 1995.
Fear of Disease and Medical Monitoring: A National Compendium, ABA Annual Meeting, Section of Litigation, program materials, 1995; Co-Author.
Corporal Punishment in Public Schools: A Legal Perspective, Principal, 1984.
Presentations
Co-Chair, The Sedona Conference® Institute's 5th Annual International Programme on Cross-Border Discovery and Data Protection Laws (2013), Zurich, Switzerland.
Presenter, CVEDR Carmel Valley eDiscovery Retreat (2013), Half Moon Bay, California.
Presenter, "Applying The Sedona Principles to Preservation & Discovery of ESI in Cloud-Based, Mobile Environments," The Sedona Conference® Institute’s 7th Annual E-Discovery Program: Living On E-Discovery’s Cutting Edge (2013), San Diego, California.
Presenter, "International Cross-Border Discovery," Women in eDiscovery (2013), San Francisco, California.
Panelist, "E-Discovery Over State and Federal Lines," HarrisMartin’s Mass Tort Litigation Conference (2013), New York, New York.
Co-Chair and Panelist, Thomson Reuters eDiscovery and Legal Technology in Practice Conference (2012), San Francisco, California.
Panelist, "Recent Developments in EU and Other Regions' Privacy Laws" and "The Sedona Conference and Other Proposed Approaches to Address Conflicting Demands," Duke Law School Protected-Privacy Data Conference (2012), Cary, North Carolina.
Presenter, "Corporate In-House Counsel Forum on Data Protection Laws & International Data Transfers," 2nd Annual EDI Leadership Summit (2012), Fort Lauderdale, Florida.
Moderator, Masters Conference (2012), Washington, D.C.
Panelist, Federal Judicial Center's E-Discovery Seminar for Federal Judges (2012), Baltimore, Maryland.
Presenter, Carmel Valley eDiscovery Retreat (2012), Carmel, California.
Presenter, "E-Discovery in 2012: What Attorneys Need to Know," Pincus Professional Education CLE (2012), Los Angeles, California.
Presenter, The Sedona Conference® Working Group 1 Midyear Meeting (2012), Denver, Colorado.
Presenter, "Plunder or Blunder: E-Discovery in the Age of Social Media – Mining for Gold and Dodging the Silver Bullet," ABA Litigation Section Annual Meeting (2012), Washington, D.C.
Presenter, The Sedona Conference® Institute Program on Staying Ahead of the eDiscovery Curve (2012), St. Louis, Missouri.
Presenter, Life Science Seminar (2012), Wells Fargo Insurance Services, Redwood City, California.
Presenter, Annual eDiscovery Conference for the Life Science Industry (2012), Q1 Productions, Jersey City, New Jersey.
Panelist, “Extraterritorial Criminal Liability” (2012) Civil Justice Reform Group General Counsel Meeting, Houston, Texas.
Presenter, “Information Governance Discussion” (2012) Corporate eDiscovery Forum Conference, New York, New York.
Panelist, “A GC's Nightmare: A US eDiscovery Request into Europe” (2012) LegalTech NYC, New York, New York.
Panelist, “Basics of eDiscovery” and “Cross-Border eDiscovery” (2012) International Conference on Computers, Privacy and Data Protection, Brussels, Belgium.
Moderator and Speaker, The 3rd Annual Sedona Conference® International Programme on Cross-Border Discovery & Data Privacy (2011) Lisbon, Portugal.
Speaker, “Sedona Update” (2011) Corporate eDiscovery Forum, San Francisco, California.
Speaker, “Creating Effective Data Governance Policies” (2011) Q1 Productions eDiscovery for Pharmaceutical & Medical Device Corporations. Boston, Massachusetts.
Panelist, “Information Management” (2011) LegalTech NYC, New York, New York.
Speaker, Pharmaceutical Litigation Management Roundtable Xiv (2011) Pittsburgh, Pennsylvania.
Speaker, 15th Annual Electronic Discovery & Records Retention Conference (2011) San Francisco, California.
Moderator and speaker, “Litigation Begins: Early Case Assessment and the Rule 26(f) Conference” (2011) PLI Practicing Law Institute’s Electronic Discovery Guidance 2011: What Corporate and Outside Counsel Need to Know, San Francisco, California.
Panelist, “Corporate Approaches to Electronic Information Management: How to Manage Data and Prepare for Litigation in an Increasingly Mobile World” (2011) Georgetown Law’s 8th Annual Advanced eDiscovery Institute, Arlington, Virginia.
Moderator and speaker, “Update on International Privacy and Discovery”(2011) Masters Conference 2011, Washington, D.C.
Moderator and speaker, “Legal Hold: Legacy Data Mergers and International Concerns” (2011) The Electronic Discovery Institute’s Legal Technology Leadership Summit 2011, Amelia Island, Florida.
Moderator and speaker, “The Sedona Conference® Guidelines & Best Practices for Cross-Border Discovery, Data Processing & Transfer,” (2010) The 2nd Annual Sedona Conference® International Programme on Cross-Border eDiscovery & Data Privacy.
Representative of The Sedona Conference® and invited presenter before the European Union’s ARTICLE 29 Data Protection Working Party, “With regards to the Article 29 Working Party's opinion on pre-trial discovery for cross border civil litigation,” (2010) Brussels, Belgium.
Speaker, “Get off of my Cloud! National and International Legal Risks Surrounding Cloud Computing and Social Networking,” (2010) SHB's Seventh Annual Update of the Law CLE, Kansas City, Missouri.
Speaker, “Amending the Federal Rules of Civil Procedure” (2010) LegalTech NYC, New York, New York, and San Francisco, California.
Presenter, “Internal Conflicts and Solutions” (2010) Masters Conference, Washington, D.C.
Moderator and speaker, “California’s eDiscovery Rules: An In-Depth Overview,” (2009) SHB Client CLE Webcast.
Speaker, “Discovery Disputes: Addressing the Complex Obligations of eDiscovery” and “Judgment Day: Experience a Mock Evidentiary Hearing Before a Federal Judge,” (2009) Practicing Law Institute, Electronic Discovery Guidance 2009: What Corporate and Outside Counsel Need to Know, Chicago, Illinois.
Speaker, “Conducting International Clinical Trials and Tribulations,” (2009) ABA Section of Litigation, Products Liability Committee, Subcommittee on Biotech, Fourth Annual Biotech Institute and regional CLE Workshop, San Diego, California.
Speaker, “Staying Ahead of the eDiscovery Curve: The New eDiscovery Amendments to the California Code of Civil Procedure” and “Litigation Readiness and Corporate Information Management,” (2009) presentation to in-house counsel, Woodland Hills, California.
Panelist, “A Sedona Conference Law School Outreach Program Discussion: Retooling Legal Teams with Education and Collaboration in Turbulent Economic Times,” (2009) LegalTech West Event, Los Angeles, California.
Speaker, “The Sedona Conference Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide to Navigating the Competing Currents of International Data Privacy and Discovery” and “Potential Solutions to the Dilemma of Cross-Border eDiscovery, eDisclosure and Data Privacy Concerns,” (2009) Sedona Conference International Programme on Cross-Border eDiscovery, eDisclosure and Data Privacy Conflicts, Working Group Annual Meeting, Barcelona, Spain.
Editorial Board Member/Discussion Leader, The Sedona Conference Working Group of Electronic Document Retention and Production, (2009) Mid-Year Meeting, Denver, Colorado.
Editorial Board Member/Discussion Leader, Sedona Conference Institute Third Annual TSCI Program on Getting Ahead of the eDiscovery Curve, (2009) Philadelphia, Philadelphia.
Editorial Board Member/Discussion Leader, The Sedona Conference Working Group 1 on Electronic Document Retention and Production, (2009) Annual Meeting, Rancho Mirage, California.
Speaker, “Judgment Day: Judicial Insight on How Evidentiary Hearings are Decided Under the Amended Federal Rules,” (2009) Practicing Law Institute, Chicago, Illinois.
Speaker, “Document Management in a Global Context: Achieving Cross-Border Integration of Your Company’s Processes and Procedures,” (2008) ACI Advanced Forum on Document Management and eDiscovery, New York City, New York.
Editorial Board Member/Discussion Leader, The Sedona Conference Working Group 1 on Electronic Document Retention and Production, (2008) Mid-Year Meeting, New Orleans, Louisiana.
Speaker, "US Discovery and EU Data Privacy: An Update on Current Issues, Trends and Potential Solutions," (2009) Masters Conference for Legal Professionals (Webinar).
Speaker,"It's a Small World After All", (2009) ABA Corporate Counsel Seminar, Orlando, Florida.
Speaker, "eDiscovery In-House Management," (2009) Presentation to corporate counsel, Dallas, Texas.
Speaker, “Navigating Data Privacy Issues for Multinational Data Collection & Review,” (2008) Annual LegalTech Event, New York, New York.
Speaker, “Clinical Trials: Managing Risk, Minimizing Exposure,” (2008) ACE Medical Risk Seminar, San Diego, California.
Speaker, “Food and Drug Administration Amendments Act of 2007,” (2007) Fourth Quarter BayBio Corporate Counsel Meeting, Palo Alto, California.
Moderator, “Non-Compliance: How to Respond & Address When Preservation Goes Awry,” (2007) 4th Annual Advanced E-Discovery Institute: The Revised Federal Rules – A Year Later, Georgetown Law CLE, Washington, D.C.
Speaker, “Risk Management of International Clinical Trials,” (2007) American Bar Association Section of Litigation, Products Liability Committee, Subcommittee on Biotech, Second Annual Biotech Institute and Regional CLE Workshop, South San Francisco, California.
Speaker, “Establishing an International CTA Template to Streamline Negotiations With Investigators and Institutions,” (2007) American Conference Institute’s International Clinical Trials Conference, Boston, Massachusetts.
Speaker, "Finding the Digital Smoking Gun," (2007) ABA Criminal Justice Section CLE on White Collar Crime, San Diego, California.
Speaker, "Clinical Trials: Managing Risks and Handling Common Dilemmas," (2007) ACE USA Seminar, San Francisco, California.
Speaker, “Risk Management of Clinical Trials,” (2006) American Bar Association, Section of Litigation, Products Liability Committee, Subcommittee on Biotech, First Annual Biotech Institute and Regional CLE Workshop, Cambridge, Massachusetts.
Speaker, “Pharmaceutical Liability Litigation,” (2006) Excess/Surplus Lines Claims Association Annual Conference, Bermuda.
Editorial Board Member/Discussion Leader, (2006) The Sedona Conference International Working Group on E-Disclosure and E-Retention, Working Group 6 Annual Meeting, Madrid, Spain.
Speaker, “Managing the Risk: E-mail Use, Retention Policies and Discovery Issues,” (2006) Mealey’s Email Discovery & Retention Policies Conference, San Francisco, California.
Speaker, “Advanced Litigation Issues in E-Discovery,” (2006) Mealey's Email Discovery & Retention Policies Conference, New York, New York.
Speaker, “Minimizing Risks in Clinical Trial Agreements: What You Can’t Afford Not to Know” (2006) Managing Legal Risks in Conducting & Promoting Clinical Trials, 4th National Conference, American Conference Institute, New York, New York.
Speaker, “What’s Good for the Ganso. . .The Practical Aspects of Sanctions in Electronic Discovery” (2005) Hispanic National Bar Association, 30th Annual convention, Washington, D.C.
Speaker, “What Every In-House Counsel and Risk Manager Needs to Know About Clinical Trial Agreements” (2005) Managing Legal Risks in Conducting & Promoting Clinical Trials, 3rd National Forum, American Conference Institute, San Diego, California.
Participant, “Taking Control of the Corporate Litigation Discovery Process: Corporate America’s Imperative to Reduce Risk, Cut Costs, and Improve Quality in The Digital Age” (2005) Association of Corporate Counsel/Xerox Global Services, Corporate Litigation Management Services Webinar.
Speaker, “Electronic Discovery: Litigation’s Newest Pressure Point” (2005) American Bar Association Continuing Legal Education, Litigation Series, TeleConference and Live Audio Webcast.
Speaker, “What Every In-House Counsel and Risk Manager Needs to Know About Clinical Trial Agreements” (2005) Managing Legal Risks in Conducting & Promoting Clinical Trials, Second Annual Meeting, American Conference Institute, New York, New York.
Invited Participant, Fordham Summit on Bio-Pharmaceuticals for the 21st Century: Responsibility, Sustainability, & Public Trust (2005), Fordham University, New York, New York.
Speaker, “American Bar Association 2004 Amendments to Discovery Standards” (2004) The Sedona Conference, Working Group on Electronic Discovery, Annual Meeting, Santa Fe, New Mexico.
Speaker, “How to Prevent and Manage Product Liability Claims Arising out of Clinical Trials” (2004) Managing Legal Risks in Conducting & Promoting Clinical Trials, American Conference Institute, Washington, D.C.
Moderator and Speaker, “The Death of a Product Salesmen: Dealing with Product Issues and Recalls” (2004) American Bar Association, Litigation Section Annual Conference, Scottsdale, Arizona.
Speaker, “Communications with Public Relations Firms as Part of Trial Strategy – Privileged or Not?” (2003) Drug and Medical Device Seminar, Defense Research Institute, New Orleans, Louisiana.
Speaker, “Clinical Trials Litigation, a Risk Management Perspective” (2002) Healthcare/Life Sciences Client Advisory Council, San Francisco, California.
Speaker, “Liability Issues in Biotechnology Research” (2002) American Academy of Pharmaceutical Physicians, Annual Meeting, San Diego, California.
Meeting Co-Chair and Speaker, “It’s a Small World After All-The International Corporation in Domestic Products Liability Litigation” (2002) American Bar Association Products Liability Midyear Committee Meeting, Section of Litigation (2002), Orlando, Florida.
Seminar Co-Chair and Moderator, “Developments in Class Action Settlements” (2001) The Fifth Annual National Institute on Class Actions, San Francisco, California.
Speaker, “Legal and FDA Issues in Product Safety Surveillance: Strategies to Minimize Risk” (2000) West Coast Annual Conference on Adverse Drug Reaction Reporting, San Francisco, California.
Seminar Moderator and Speaker, “Media Impact on Product Liability Litigation” (2000) ABA Product Liability Regional Conference, Emerging Issues in International Product Liability Law, Detroit, Michigan.
Seminar Co-Chair and Speaker, “Settlement Techniques” (2000) The Fourth Annual National Institute on Class Actions, Chicago, Illinois.
Speaker, “Managing Complex Civil Litigation” (1999) California Center for Judicial Education and Research, Continuing Judicial Studies Program, Dana Point, California.
Seminar Co-Chair and Speaker, “New Developments in Class Actions,” “Settlements of Class Actions: The Law, Mechanics and Ethics” (1999) National Institutes on Class Actions, American Bar Association, San Francisco, California.
Seminar Co-Chair and Speaker, “Lessons Learned: Real Mass Tort Litigation” (1999) Annual American Bar Association Meeting, Section of Litigation, Dallas, Texas.
Moderator, “Behind Closed Doors: Should Judges of Mass Torts Exchange Information without Party Participation?” (1997) ABA Annual Meeting, San Francisco, California.
Memberships
The Sedona Conference® Working Group 1: Electronic Document Retention and Production (2005 – present).
The Sedona Conference® Working Group 6: International Electronic Information Management, Discovery and Disclosure (2005 – present).
ABA, Task Force on Electronic Discovery, Section of Litigation (2003 – 2005).
ABA, Co-chair Product Liability Committee, Section of Litigation (2002 – 2004).
ABA, Vice-chair, Product Liability Committee, Section of Litigation (2000 – 2002).
ABA, Co-Chair, Mass Torts Subcommittee, Products Liability Committee, Section of Litigation (1994 – 2000).
BNA, Inc., Advisory Board Member, Class Action Litigation Reporter. (2000 – present).
DRI, Corporate Counsel Subcommittee (2004 – 2008).
DRI, Drug & Medical Device Committee (1990 – present).
BayBio (1998 – 2008).
California Minority Counsel Program (1998 – 2002).
Santa Monica Bar Association, Director (1994 – 1995).
Association of Southern California Defense Counsel (1984 – 2000).
California Bar Association (1984 – present).
Education
1984 J.D., cum laude, University of Detroit School of Law
1981 B.A., Michigan State University
practice areas
In Brief
- The Sedona Conference Working Group 6 (Chair)
- Advisory board member for BNA's Class Actions Reporter
- DRI Corporate Counsel Subcommittee
- DRI Drug & Medical Device Committee
News & Events
- SHB Attorneys to Present at Carmel Valley eDiscovery Retreat
4/24/2013
- Esteban to Discuss “Big Data and the Future of Litigation”
4/4/2013
- Esteban to Serve on Faculty of Sedona Conference Institute
3/19/2013
- SHB San Francisco to Host Women in eDiscovery Event
3/15/2013
- Esteban to Join HarrisMartin E-Discovery Panel
3/4/2013
- Best Lawyers Honors 44 SHB Attorneys
10/23/2012
- Esteban to Address Cloud-Related Risks at Carmel Valley eDiscovery Retreat
7/5/2012
- Chambers USA 2012 Recognizes SHB
6/12/2012
- Chambers USA 2010 Recognizes SHB
6/21/2010

