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William P. Butterfield

William P. Butterfield

1700 K Street, NW Suite 650
Washington, DC 20006
202.540.7200 ph
202.540.7201 fax
wbutterfield@hausfeldllp.com
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A partner at Hausfeld LLP, Mr. Butterfield chairs the firm’s Financial Services Practice Group .  In his 33 years of legal practice, Mr. Butterfield has 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 has also defended clients in bankruptcy adversary proceedings and commercial litigation.  Additionally, Mr. Butterfield serves as a leader in several legal think tanks, teaches law, and writes and speaks frequently on legal topics. Mr. Butterfield has a rating of AV,® the highest rating available in Martindale-Hubblle’s peer review rating system. He is an internationally recognized authority on electronic discovery.   

Currently, Mr. Butterfield is counsel for the plaintiffs in In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D.N.Y.), which has resulted in approximately $250 million in settlements to date. He was appointed by the Court to serve on the Plaintiffs’ Steering Committee in In re: Commodity Exchange, Inc., Silver Futures and Options Trading Litigation, No. 11-MD-2213, (S.D.N.Y.), relating to an alleged conspiracy by JP Morgan Chase and other major investment banks to manipulate the price of silver futures and options contracts traded on the COMEX. Mr. Butterfield is also involved in litigation regarding LIBOR-based interest rate swap transactions, the foreign exchange practices of custodian banks, and alleged manipulation in the Oil and Rice futures markets.

Mr. Butterfield’s past achievements include:

  • 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, Mr. Butterfield 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.

Mr. Butterfield 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 has testified as an expert witness on e-discovery issues, and speaks frequently on that topic domestically and abroad. Mr. Butterfield is on the Steering Committee 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 is also a member of Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure. Mr. Butterfield is an adjunct professor at American University, Washington College of Law, where he teaches a course in electronic discovery. He also serves on the Masters Conference Advisory Board, and on the faculty of Georgetown University Law Center’s Advanced E-Discovery Institute. 

Mr. Butterfield began his legal career as an assistant prosecuting attorney for Montgomery County, Ohio.

Education

University of Toledo, College of Law, J.D., 1978

Bowling Green State University, B.A., 1975

Bar Admissions

District of Columbia

Ohio (inactive)

United States Court of Appeals for the Third Circuit

United States District Court of Maryland

United States District Court for the District of Columbia

United States District Court, Eastern District of Michigan

Affiliations & Honors

Member, Sedona Conference® Steering Committee on E-Discovery

Former adjunct professor, American University, Washington College of Law

Georgetown University Law Center’s Advanced E-Discovery Institute, Faculty Member

Masters Conference Advisory Board, Member

In The News

Law Technology News, House Judiciary Subcommittee: No Need to Act on EDD (December 2011)

Testimony before the House Judiciary Subcommittee on E-Discovery: The Costs and Burdens of Civil Discovery (December 13, 2011).

Association of E-Discovery Certified Specialists, "Holding powers other branches lack, Congress enters e-discovery fray to probe new rules, growing costs" (2011)

Hausfeld LLP Partner William P. Butterfield Appointed to the Masters Conference Advisory Cabinet. (June 15, 2010)

William Butterfield Profiled in 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)

 

Publications

Milberg, LLP/Hausfeld, LLP, E Discovery Today:  The Fault Lies Not In Our Rules . . ., paper submitted for Duke University School of Law:  2010 Advisory Committee Conference on Civil Rules (publication pending)

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)

Testimony

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. Judicial Conference Committee on Rules of Practice and Procedure regarding proposed electronic discovery amendments to the Federal Rules of Civil Procedure.

Selected Speeches and Presentations

"The Truth about Metadata."  ESI Bytes Podcast

Co-chair, 12th Annual Sedona Conference on Complex Litigation, April 2010

Panelist,  Duke University School of Law: 2010 Advisory Committee Conference on Civil Rules

“Paper or Plastic: Is E-Discovery Optional?” Dayton Bench/Bar Conference, Dayton, Ohio, November 20, 2009, Speaker

“Controlling E-Discovery Costs in Smaller Stakes Litigation,” Georgetown Law Sixth Annual Advanced E-Discovery Institute: Identifying Today's Problems & Tomorrow's Solutions, November 13, 2009, Panelist

“The First Year of the Cooperation Proclamation,” Sedona Conference Webinar, November 4, 2009, Co-Presenter

“Risks, Rewards & Repositories: Addressing the Use of Joint Repositories in Discovery,” Sedona Conference Webinar, October 21, 2009, Co-Presenter

“Ethical Issues for Attorneys in Electronic Discovery,” Master’s Conference, Washington, D.C. October 14, 2009, Panelist

“Practitioners’ Panel,” Federal Judicial Center/Georgetown University Law Center E-Discovery Seminar, Washington, D.C., September 10-11, 2009, Panelist

“Commentary on Inactive Information Sources,” Sedona Conference Webinar, August 19, 2009, Co-Presenter

“Preservation, Legal Holds & Accessibility,” Georgetown Law E-Discovery Training Academy, August 3, 2009, Panelist