Overview

Kimberly J. Duplechain partners with employers of all sizes to advise on electronic discovery and information governance on a wide variety of employment matters, including class and collective actions, unfair competition and misappropriation of trade secret matters, discrimination and harassment cases, and other types of employment litigation and investigations. In her role, Kim leverages her extensive litigation experience and knowledge of advancements in technology to manage all discovery-related aspects of complex litigation and investigations in matters before state and federal courts, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL),  the National Labor Relations Board (NLRB), and state and local agencies.

Kim drafts legal briefs, policies, and process workflows; argues discovery motions; negotiates electronic discovery protocols and agreements; takes and defends depositions of IT personnel and experts; supervises forensic consultants and experts; and advises Littler attorneys and clients on navigating emerging eDiscovery issues such as mobile device management, ephemeral data, collaboration platforms, and analytic document review technologies. For example, Kim served as an eDiscovery advisor for a nationwide portfolio of cases, where she closely collaborated with a multinational client to develop and implement legally defensible and standardized discovery strategies and practices to reduce eDiscovery burden, maximize efficiency, and streamline eDiscovery vendor management.

Kim has been certified by the International Association of Privacy Professionals as a Certified Information Privacy Professional for Europe (CIPP/E), which demonstrates her understanding of U.S. and global concepts of privacy and data protection law and practice.

Kim serves and has served in leadership positions within the eDiscovery legal community, including as a Steering Committee member of The Sedona Conference Working Group 1 (Electronic Document Retention and Production) (2022-2024), the leading think tank focused on addressing the technological challenges faced by legal practitioners, and as co-chair of the ABA’s National Institute on eDiscovery (2021-2023). Kim also champions inclusion, equity, and diversity for attorneys as co-chair of Littler’s Bollo affinity group, which provides support, development, and networking opportunities for attorneys who identify as Black, African American, African, Caribbean, or multiracial, and their allies.

Professional & Community Affiliations

Program Co-Chair

National Institute on E-Discovery

American Bar Association

2021-2023

Member, Steering Committee

Working Group on Electronic Document Retention and Production (WG1)

The Sedona Conference®

2022-2024

Member

Working Group on International Electronic Information Management, Discovery and Disclosure (WG6), Working Group on Trade Secrets (WG12)

The Sedona Conference®

Member

International Association of Privacy Professionals

News, Analysis & Press

The Mutual Obligations – and Benefits – of Cooperation in Discovery

National Employment Lawyer’s Association

April 2018

Speaking Engagements

2024 Mid-Atlantic Regional Employer Conference

Washington, DC

June 21, 2024

Flip the Script: Using Plaintiff's Data to Win Your Case

Littler Executive Employer Conference, Phoenix, AZ

May 10, 2024

Judicial Perspectives on E-Discovery

The American Bar Association’s 17th Annual National Institute on E-Discovery, Live and On-Demand

May 5, 2023

Electronic Evidence Issues In The Modern Era: Laying A Foundation For Trial

NELC 28th Annual Conference 2023, Washington, DC

May 3, 2023

Cybernetic Eyes May Be the Mirror of Our Soul: What Artificial Intelligence Can Teach Us about Human Biases

The Sedona Conference® Working Group 1 Midyear Meeting, Portland, OR

April 27, 2023

Stranger Things in eDiscovery: Ethical Challenges and Considerations for Discovery of New and Changing Technologies

The Sedona Conference® Working Group 1 Annual Meeting, Philadelphia, PA

October 28, 2022

eDiscovery in Small Cases

Panelist, The Sedona Conference® Working Group 1 Annual Meeting, Philadelphia, PA

October 27, 2022

The Application and Effectiveness of Discovery-Related Sanctions

The Sedona Conference Working Group 1 Midyear Meeting 2022, Phoenix, AZ

April 28, 2022

Tackling Technology in Discovery: Practice Tips on Electronically Stored Information (ESI)

22nd Annual Employment Law Update, Maine State Bar Association, Freeport, ME

April 7, 2022

Ethics and Technology at the Intersection of Proportionality and Scope of Discovery

The Sedona Conference® Working Group 1 Annual Meeting

October 21, 2021

Building a Diverse, Equitable, and Inclusive Culture

Zapproved’s PREX 2021

September 28, 2021

Recruiting, Retaining, and Promoting Diverse Talent in the eDiscovery Community

The Sedona Conference Working Group 1 Midyear Meeting 2021

April 29, 2021

When Custodians Leave: Mitigating Risks of Departing Employees

15th Annual National Institute on E-Discovery

April 21, 2021

Inspire Greatness: How Inclusion and Diversity Elevates Your Workplace and Community

Relativity Fest 2020

September 23, 2020

Case Law Update

The 14th Annual Sedona Conference Institute: eDiscovery, Data Privacy, and Security, St. Louis, MO

March 5-6, 2020

eDiscovery in the #MeToo Era: The Need for Background and Viewpoint Diversity on the eDiscovery Team

The 14th Annual Sedona Conference Institute: eDiscovery, Data Privacy, and Security, St. Louis, MO

March 5-6, 2020

How to Navigate ESI Discovery Efficiently and Effectively

2020 MWELA Annual Conference, Metropolitan Washington Employment Lawyers Association, Washington, DC

January 31, 2020

Tracking Your Employees’ Digital Trail

2019 Mid-Atlantic Employer Conference, Bethesda, MD

June 7, 2019

eDiscovery Training Academy

Georgetown University Law Center, Washington, DC

June 4-6, 2019

Case Law Update

The 13th Annual Sedona Conference Institute: Protecting Privacy, Confidentiality, and Privilege in Civil Litigation, Charlotte, NC

March 7-8, 2019

Addressing Privacy Issues in Social Media Discovery

The 13th Annual Sedona Conference Institute: Protecting Privacy, Confidentiality, and Privilege in Civil Litigation, Charlotte, NC

March 7-8, 2019

eDiscovery Training Academy

Georgetown University Law Center, Washington, DC

June 4-5, 2018

ESI Protocols - Setting the Table for E-Discovery

National Employment Lawyer’s Association, Vienna, VA

April 13–14, 2018

Working Productively with the Other Side to Get What You Need

National Employment Lawyer’s Association, Vienna, VA

April 13–14, 2018

Education

  • J.D., Georgetown University Law Center, 2009
  • B.A., Amherst College, 1999cum laude

Bar Admission

Virginia
District of Columbia

Courts

  • U.S. Court of Appeals, District of Columbia
  • U.S. District Court, District of Colorado