Jesse’s practice focuses on data governance, discovery and case inventory management. As part of Shook’s Data and Discovery Strategies group, she advises clients on best practices for the preservation, collection, processing and review of data as part of the discovery process. In particular, Jesse advises on and has published articles and client alerts about the application and interpretation of the discovery-related Federal Rules of Civil Procedure and the intersection of U.S. discovery obligations with foreign data protection laws.
Jesse is also proficient in negotiating protective orders, production protocols and plaintiff and defendant fact sheet obligations. In addition to preparing discovery responses while ensuring consistency in cross-jurisdictional litigation, Jesse has experience opposing “discovery on discovery” efforts at every stage of discovery. Jesse draws on her in-house experiences in managing legal hold processes and in coordinating the collection, review and production of materials in federal multidistrict litigation, individual state and federal cases, and consolidated state proceedings across the country. She advises clients in mass tort litigations about strategic use of plaintiff fact sheet data to seek early plaintiff dismissals and to inform case and resolution strategy.
In her representation of pharmaceutical manufacturers, Jesse has experience with various pretrial aspects of product liability claims, including preparing company and expert witnesses for depositions and trial, dispositive motion practice and general trial preparation and strategy.
Jesse’s considerable industry knowledge extends to pharma-funded take-back programs mandated by laws and regulations in several jurisdictions (at the state and municipal levels) across the United States, and ongoing efforts to pass similar measures in other jurisdictions. In this capacity, she assists clients with monitoring and compliance efforts and works with an industry-led stewardship organization formed to facilitate compliance and related strategy on take-back-related initiatives.
Jesse also advises clients—in the pharmaceutical industry and beyond—about compliance with Medicare reporting requirements and best practices for avoiding double liability under Medicare Secondary Payer provisions.
In addition to her primary practice, Jesse devotes time to pro bono work. She has represented immigrant children in Special Immigrant Juvenile Status proceedings and indigent parties in guardianship matters; participated in activities promoting civics education for elementary and high-school students; prepared online materials designed to educate veterans about their rights and benefits; and assisted with a death penalty habeas appeal.
Jesse rejoined Shook after serving as assistant senior counsel of litigation and compliance at Takeda Pharmaceuticals in the Chicago area. Before her in-house experience, Jesse spent several years as a Shook associate representing pharmaceutical manufacturers.
Ruth Anne French-Hodson and Jesse E. Weisshaar, When Aerospatiale Meets the GDPR: Can U.S. Litigants Expect Limits on Discovery of EU Personal Data?, Data and Discovery Strategies Client Alert (January 2018).
Jesse Weisshaar, Don't Overlook the FRCP's "Middle Child": Practical Suggestions for Complying With Today's Rule 34, Bloomberg BNA eDiscovery Resource Center, March 29, 2017.
Jesse E. Weisshaar & Mark W. Cowing, Amendments to Discovery Rules: How Will You Be Affected?, Bloomberg BNA Digital Discovery & e-Evidence, November 26, 2015).
Jesse Weisshaar, A Lack Of Comprehensive Guidance In CMS User Guide, Law360, February 28, 2012.
Jesse Weisshaar, Unhelpful Friends?, Journal of The Missouri Bar, Jan./Feb. 2007.
Jesse Weisshaar, Does Loss of Custody of a Child Resulting From Attorney Negligence Cause Damage?, Missouri Law Review, Fall 2005.
Co-Presenter, Foreign and State Data Privacy Considerations, Association of Corporate Counsel, Webinar, July 21, 2021.
Panelist, Revisiting Sedona’s Guidance on Legal Hold Obligations and Best Practices, The Sedona Conference Working Group 1 Midyear Meeting, Minneapolis, Minnesota, May 5, 2017.
Co-Presenter, Latest in Litigation: Recent Amendments to the Federal Rules of Civil Procedure, Shook, Hardy & Bacon's Update of the Law, Kansas City, Missouri, June 23, 2016.
Panelist, A Team Effort: Working Together to Manage the eDiscovery Process, Women in eDiscovery, Philadelphia, Pennsylvania, July 8, 2015.