LAWYERS

« View all Lawyers

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
Download vCard
Download Bio (PDF)

A partner at Hausfeld LLP, Mr. Butterfield chairs the firm’s Financial Services Practice Group. In his 30+ 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-Hubbell’s peer review rating system. He is an internationally recognized authority on electronic discovery. 

Currently, Mr. Butterfield is lead counsel for the plaintiffs in MTB Investment Partners, LP, v. Siemens Hearing Instruments, Inc., No. 12-340 (D. NJ), relating to alleged violations of the Securities Exchange Act. Mr. Butterfield is also counsel for plaintiffs In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D.N.Y.), which has resulted in approximately $500 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 working as one of the principal attorneys in In Re LIBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262, (S.D.N.Y.), where Hausfeld LLP was appointed as co-lead counsel for over-the-counter plaintiffs. He is also involved in litigation regarding the foreign exchange practices of custodian banks, and alleged manipulation in the Oil and Rice futures markets. Mr. Butterfield was also appointed by the Court as Subscriber Plaintiffs' discovery chair in In re Blue Cross Blue Shield Antitrust Litigation, MDL No. 2406, (N.D. AL) relating to alleged scheme by Blue Cross Blue Shield to restrict competition in the health care insurance industry.

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 vice chair of 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. In 2011, Mr. Butterfield testified before the House Judiciary Committee, Subcommittee on the Constitution, regarding the costs and burden of civil discovery. 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 advisory boards for the Masters Conference, Georgetown University Law Center’s Advanced E-Discovery Institute, and Bloomberg BNA Litigation. 

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.S.Ed., 1975

Bar Admissions

District of Columbia

State of Ohio (inactive)

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

The Sedona Conference®

Steering Committee, Working Group 1 (Electronic Document Retention and Production); 

Member, Working Group 6

  • International Electronic Information Management
  • Discovery
  • Disclosure

The Masters Conference: Member of Advisory Cabinet 

Bowling Green State University Foundation Board, Inc. (Director, 2010 – present

American Bar Association Antitrust Law Section 

Ohio State Bar Association 

In The News

"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

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

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)

Publications

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)

Testimony

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)

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.)

 

Selected Speeches & Presentations

"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

"The experiences in the US Compared to the UK and Europe," IBC's Antitrust and Collective Redress Conference, London, UK, November 4, 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

E-Discovery Seminar for Federal Judges, Philadelphia, PA, September 10, 2013, Faculty

"Preservation: A Vital Litigation Tool for Plaintiffs who Avoid the Landmines," Plaintiff Electronic Discovery Conference, New York, NY, June 27, 2013, Presenter

"Reality Bites: Why TAR's Promises Have Yet to be Fulfilled," DESI V Workshop, Rome, Italy, June 7, 2013, Keynote Speaker

"e-Discovery Issues on the Horizon," Sedona Conference, St. Louis, MO, April 26, 2013, Panelist

"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

"When Things Go Wrong: Incident Response from Different Perspectives," 9th Annual Georgetown Law Advanced eDiscovery Institute, Washington, DC, December 7, 2012, Panelist

"Cooperation and the Use of Special Masters," Master's Conference, Washington, DC, October 8, 2012, Panelist

E-Discovery Seminar for Federal Judges, Baltimore, MD, September 19, 2012, Faculty

"Proposed Amendments to the Federal Rules," Sedona Conference, Atlanta, GA, September 14, 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

"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

“Mass Tort Litigation Conference With Judge Marina Corodemus (Ret.),” Philadelphia, PA, June 4, 2012, Panelist

“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 

“Future of the Rules/New Developments,” 8th Annual Georgetown Law Advanced E-Discovery Institute, Washington, D.C., November 18, 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 

“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 

“A Sanctions Odyssey,” 7th Annual Georgetown Law Advanced E-Discovery Institute, Washington, D.C., November 19, 2010, Panelist

“The Truth about Metadata,” ESI Bytes Podcast, June 6, 2010, Panelist

“Direction(s) From Duke: Are There e-Discovery Rules Changes Ahead?” 2010 Duke Judicial Conference, Fios Webcast, June 2, 2010

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

“12th Annual Sedona Conference on Complex Litigation,” Del Mar, CA, April 2010, Conference Co-chair 

“Implementing and Using Joint Repositories,” Fios Legaltech Luncheon, New York, NY, February 2, 2010, Panelist

E-Discovery Seminar for Federal Judges, Washington, D.C., September, 2010, Faculty 

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

“Controlling E-Discovery Costs in Smaller Stakes Litigation,” 6th Annual Georgetown Law Advanced E-Discovery Institute: Identifying Today's Problems & Tomorrow's Solutions, Washington, D.C., 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, Washington, D.C., August 3, 2009, Panelist

“Supporting Search and Sense making for Electronically Stored Information in Discovery Proceedings,” DESI III: Third International Workshop, Barcelona, Spain, June 2009, Speaker 

“Third Annual Program on Getting Ahead of the E-Discovery Curve,” Sedona Conference, Philadelphia, PA, March 2009, Faculty

“Preservation, Management, and Identification of Sources of Information That Are Not Reasonably Accessible,” Fios Legaltech Luncheon, New York, NY, February 2009, Speaker 

Georgetown Law Center Fifth Annual Advanced E-Discovery Institute, Washington, D.C., November 2008, Faculty 

“The Case for Cooperation in E Discovery,” Sedona Conference, Palm Springs, CA, November 2008, Panelist 

“Mini Sedona Session,” American Records Management Association Annual Meeting, Las Vegas, NV, October 2008, Panelist 

“Ethics & E-discovery: 'Reasonable Inquiry' in the Wake of Qualcomm v. Broadcom,” ABA Section of Litigation and Center for CLE Teleconference and Live Audio Webcast, September 2008, Panelist 

Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible,” Sedona Conference Webinar, September 2008, Co-Presenter 

"E-Discovery in Antitrust Lawsuits and Investigations," Strafford Legal Teleconference, September 2008, Panelist 

“Spoliation Sanctions,” 2008 E-Discovery Training Program, sponsored by the Federal Judicial Center and Georgetown Law, Washington, D.C., June 2008,Panelist 

“E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigation: Managing and Producing Electronic Information under the Amended Federal Rules,” Strafford Legal Teleconference, February 2008, Panelist

“Preservation Duties Regarding Inaccessible ESI,” Sedona Conference, Hilton Head, SC, November 2007, Panelist 

“The Digital Pre-Trial,” National College of District Attorneys, Columbia, SC, September 2007, Speaker 

“Inaccessible ESI – Disclosure and Preservation Obligations,” Sedona Conference, Phoenix, AZ, May 2007, Panelist 

“Plaintiffs’ Bar Perspectives on New E-Discovery Rules,” Legaltech Conference, New York, NY, January 2007, Panelist 

“Bench/Bar Introduction to Pending Electronic Discovery Amendments,” Federal Bar Association Conference, Washington, D.C., October 2006, Panelist

“Electronic Discovery in Criminal Cases,” National District Attorney’s Association Conference, Santa Fe, NM, August 2006, Speaker 

“Document Preservation and Spoliation,” IQPC E Discovery Conference, Toronto, Canada, May 2006, Panelist 

“Electronic Discovery Amendments to the Federal Rules of Civil Procedure,” Legaltech Conference, New York, NY, January 2006, Panelist 

“Class Certification Issues in Lending Liability Cases,” John Marshall Law School Predatory Lending Conference, Chicago, IL, Speaker

“Light Cigarette Litigation,” Mealey’s Tobacco Litigation Conference, Jacksonville, FL, Speaker

“Investment Risk and Liability,” Ohio Treasurers Association, Columbus, OH, Speaker 

“Governmental Liability and Immunity,” Ohio State Bar Association Conference, Columbus, OH, Speaker 

“Administrative Due Process, Zoning and Planning,” Ohio Township Association/American Planning Association Conference, Dayton, OH, Speaker

Awards