Andrea Donovan Napp

Partner

  • Overview

    Biography

    Andrea Donovan Napp is both a litigator and counselor who focuses on technology, cyber risk and intellectual property matters. Ms. Napp is a partner in the firm's Business Litigation Group, the chair of its Information Governance and E-Discovery Team, and a member of the Data Privacy + Security Team and Intellectual Property Team. Ms. Napp currently serves as the firm’s Hiring Partner.

    Technology and Cyber Risk

    As a litigator grounded in technology, Ms. Napp is uniquely equipped to spot the legal risks associated with emerging technologies, both from a transactional and litigation perspective. Ms. Napp has significant experience in all aspects of the data lifecycle, including information governance, development of defensible collection policies, and management of large-scale reviews and production. She has managed several complex, sophisticated e-discovery projects in government investigations and private litigation. Notably, she led United Technologies Corporation's privilege review in the Department of Justice's antitrust review of the largest-ever aerospace merger. Additionally, she is part of a team of attorneys at Robinson+Cole who are experts in data breach response, remediation, coordination and litigation. Ms. Napp advises clients on the best practices and policies to safeguard data against accidental or deliberate disclosure, including security programs, policies and education. Ms. Napp also coordinates Robinson+Cole's use of the latest technology and project management principles to achieve maximum efficiency and compliance for the firm's clients.

    Intellectual Property

    As a member of the firm’s Intellectual Property Litigation Practice Team, Ms. Napp represents clients in matters involving patent, trademark and copyright infringement, trade secret misappropriation, technology litigation, e-commerce and privacy, computer fraud and abuse, licensing, royalty and development, and unfair trade practice cases.
    Recently, Ms. Napp represented United Technologies Corporation in a $6 billion patent infringement action involving jet engine fan blade technology, and the company prevailed on summary judgment. Notably, Ms. Napp secured a multi-party settlement when she represented a graphic design corporation in an action against former employees, former owners, and a competitor involving claims under the Connecticut Trade Secrets Act and the Connecticut Unfair Trade Practices Act. The case stemmed from the sale of the business and certain intellectual property. Ms. Napp currently is representing a publicly traded manufacturer in a patent infringement action pending in the District of Connecticut involving a dispute over patents issued for storm water chamber designs.

    Litigation

    As a litigator with over a decade of courtroom experience, Ms. Napp has tried matters to verdict in state and federal courts, and she has represented corporate clients in business litigation cases dealing with contracts, trade regulation, fraud, and intellectual property issues.
    She directed the litigation team that successfully defended the Town of West Hartford against several concurrent lawsuits in state and federal court designed to forestall the development of Blue Back Square, a downtown retail, office space and residential development project. Subsequently, Ms. Napp represented the town in its vexatious litigation suit arising out of those matters, which resulted in the town recouping all defense costs. Ms. Napp also has significant experience handling claims made under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), and she currently represents a municipality in New York against a challenge to its zoning laws.

    The Connecticut Law Tribune honored Ms. Napp as one of its New Leaders in the Law in 2016 and Connecticut Super Lawyers has consistently named her a Super Lawyer in Business Litigation since 2013 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

    In addition to her service on the Hiring Committee, Ms. Napp also serves on the firm’s Professional Development and Women’s Committees. Prior to entering private practice, Ms. Napp clerked for the Honorable Christine S. Vertefeuille of the Connecticut Supreme Court.
     

  • Experience
    • Experience

      Experience

        Technology and Cyber Risk

      • Collected, reviewed, and produced over two million pages of documents, consisting primarily of e-mails from over 35 custodians, as part of defense of insurer in class action alleging unfair business practices related to payment of claims.

      • Achieved favorable settlement for hospital system in breach of contract action against vendor that installed a faulty electronic records management system. 

      • Spearheaded privilege review for global industrial manufacturer in conjunction with the Department of Justice's antitrust investigation into largest merger in aerospace manufacturing history; designed and implemented review protocols and quality control methodologies; supervised a team of 45 reviewing attorneys; privilege log was accepted by the Department of Justice without challenge.  

      • Part of team which represented national retail chain in defense of data breach class action. 

      • Intellectual Property

      • Helped United Technologies Corporation secure summary judgment in $6 billion patent infringement action relating to jet engine fan blade technology. 

      • In conjunction with patent action being litigated concurrently in several jurisdictions, conducted review of several terabytes of data on behalf of Fortune 500 client.

      • Defended ticketing software company against allegations of patent infringement in a multi-party action pending in the Eastern District of Texas involving a dispute over patents issued for Web-based seat selection technology.

      • Currently representing publicly traded international manufacturer in patent infringement action pending in the District of Connecticut. 

      • Successfully defended owner and co-inventor of several patents-in-suit by former business partner alleging mismanagement of the intellectual property to the detriment of the partnership.

      • Successfully represented multinational corporation that manufactures baby products in a multi-jurisdictional battle related to infringement by a competitor of certain patents related to sippy cup lid and baby bottle nipple designs. 

      • Litigation

      • Obtained dismissal of all claims against the State of Connecticut in a constitutional takings class action brought by state employees claiming entitlement to the proceeds of the demutualization of the state’s health care insurance carriers.

      • Obtained favorable settlement for banking institution after two-day bench trial on conversion claims. Settlement was broached after successful cross-examination of the Plaintiff.

      • Successfully represented municipality in a lawsuit alleging anticompetitive conduct and vexatious litigation arising out of an international developer's campaign to forestall the construction of a competing mixed-use development.

         

      • Negotiated favorable settlement on behalf of international retailer in Connecticut corporation tax appeal with significant potential exposure. 

      • Defended insurer in over thirty concurrent lawsuits brought by a unified group of repair facilities challenging the carrier's auto glass claims payment practices. The matters were resolved through global settlement.

      • Currently representing municipality in hotly-contested Religious Land Use and Institutionalized Persons ("RLUIPA") challenge in the Southern District of New York. 

      • Obtained jury verdict in favor of defendant business owner accused of sexual harassment in federal court.

      • Successfully represented prominent real estate developer in separation from investment partner; representation included handling of two state court lawsuits that resulted in a multi-part settlement transaction to divest jointly owned assets. 

      • Negotiated and drafted Web-based advertising and affiliate agreements for a national software developer. 

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    • Professional Associations

      Professional Associations

      American Bar Association
      Section of Litigation, Chair of Technology Subcommittee of Business Torts & Unfair Competition Committee
      Section of Litigation, Pretrial Practice & Discovery Committee
      Section of Litigation, Chair of Corporate Counsel CLE Seminar (2016 - 2017)
      Editor of the Business Torts & Unfair Competition Journal, a publication of the ABA's Section of Litigation

      Connecticut Bar Association

      New York State Bar Association

      Connecticut Women's Council
      Communications Committee

      The Sedona Conference
      Working Group Series

      EDRM
      Native File Working Project

      Women in eDiscovery
    • Honors + Awards

      Honors + Awards

      Listed in Connecticut Super Lawyers® in the area of Business Litigation for 2013 to 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      American Bar Association, Section of Litigation, Outstanding Subcommittee Chair for the Business Torts & Unfair Competition Committee, 2016

      Connecticut Law Tribune, recognized in 2016 New Leaders in the Law Yearbook 

    • Community Involvement

      Community Involvement

      Hartford Marathon Foundation
      Board of Directors (2014)

      United Way of Central and Northeastern Connecticut
      Chair of Robinson+Cole Campaign (2014 - 2015)
  • NEWS + PRESS
    • Publications

      Publications

      "The Case for E-Discovery Education in Law School," published in Data Privacy + Security Insider (6/6/2016)

      "Proportionality makes a comeback," published in Data Privacy + Security Insider (2/29/2016)

      "What Will 2016 Bring to E-Discovery?" published in Law360 (1/29/2016)
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      "Predictions (and hopes) for e-discovery in 2016," published in Data Privacy + Security Insider (1/6/2016)

      "Back to basics: Litigation hold notices," published in Data Privacy + Security Insider (12/30/2015)

      "Privacy Tip #14 – Record Destruction: an overwhelming problem," published in Data Privacy + Security Insider (12/17/2015)

      "The ethical duty of competence in 2015," published in Data Privacy + Security Insider (11/23/2015)

      "The rules of preservation: "reasonable steps" under Amended Rule 37(e)," published in Data Privacy + Security Insider (11/2/2015)

      "Back to Basics: Low tech tips to alleviate high tech headaches," published in Data Privacy + Security Insider (9/2/2015)

      "PII in your ESI: The Intersection of Data Privacy and E-Discovery," published in Data Privacy + Security Insider (7/15/2015)

      "People matter: cultural challenges in cross border e-discovery," published in Data Privacy + Security Insider (4/2/2015)

      "Clinton case highlights importance of planning ahead for e-discovery," published in Data Privacy + Security Insider (3/19/2015)

      "The Intersection of Data Privacy and E-Discovery," published in Business Torts & Unfair Competition (12/31/2014)
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      "Pre-Suit Investigations," published in Business Torts: A Practical Guide to Litigation (4/7/2014)

      "The Proportionality Problem: Emerging Trends in Case Law," published in the Fall 2013 issue of Business Torts and Unfair Competition, co-authored with Amanda B. Barry (October 2013)

      "Admissibility of ESI: How to Turn 'Hot Docs' into Successful Verdicts," published in ABA Business Torts Litigation Newsletter (Spring 2013)
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      "Patent Reform Becomes Law: Highlights of the Leahy-Smith America Invents Act," published in Connecticut Lawyer, co-authored with Nuala E. Droney (October/November 2012)

      "Successfully and Ethically Using e-Discovery Methods in Conjunction with Litigation," published in Ethics in e-Discovery: Leading Lawyers on Navigating Rules and Regulations and Effectively Handling Privacy Issues in the e-Discovery Process (2012)

    • Presentations

      Presentations

      "E-Breaches: The Intersection of Data Privacy and E-Discovery," co-presented with Amanda E. Gordon, at Connecticut Legal Conference in Hartford (6/13/2016)
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      "Professional Practice in the Digital Era," co-presented with Amy Markham DeCesare of Allied World Insurance, a two-part seminar held at Quinnipiac University School of Law (3/24 and 3/31/2016)
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      "PII in Your ESI? Oh My! Preventing Data Breaches in E-Discovery," co-presented with Diane Quick, Navigant Consulting, Inc., New York, New York, a roundtable discussion at the ABA's Women of the Section of Litigation Conference in Chicago (11/13/2015)
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      "Where the Rubber Meets the Road: Practical Strategies for E-Discovery Project Management," co-presented with Amy Markham DeCesare, assistant vice president of litigation at Allied World, at the 2015 Connecticut Legal Conference, held at the Connecticut Convention Center (6/15/2015)

      "Keeping It Close: Privacy & Security for Manufacturing Companies," panelist, held at the Connecticut Business & Industry Association's (CBIA) 2015 Manufacturing Summit, "Made in Connecticut," in Trumbull, Connecticut (5/29/2015)

      "Rule 26(f): Tips &Techniques to Avoid Being the Victim of a Data Dump," at Allied World in Farmington, Connecticut (5/20/2015)
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      "Between a Rock and a Hard Place: The Intersection of Data Privacy and E-Discovery," an audio roundtable sponsored by the ABA's Section of Litigation (12/18/2014)
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      "E-discovery: Risk Management for Health Care Providers and Business Associates," co-presented with Theodore J. Tucci, a webinar presented to over 100 brokers and health care insureds (9/17/2014)

      "Big Data, Big Problems: Data Privacy and Security in the Workplace," co-presented with Jean E. Tomasco (1/23/2014)
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      "Intro to Connecticut Civil Practice Series," presented at the Hartford County Bar Association (11/13/2013)

      "Tales From the Trenches: Real-Life Data Breach Scenarios, Considerations & Solutions," at 2013 Privacy XChange Forum, Paradise Valley, Arizona, co-presented with Eduard Goodman, Chief Privacy Officer, IDentity Theft 911; Susan Blair, Chief Privacy Officer, University of Florida; Joseph Lazzarotti, Partner, Jackson Lewis LLP (11/04/2013)

      "Data Breach: Litigation and Regulatory Risk," co-presented with Theodore J. Tucci and Jean E. Tomasco (10/13/13)

      "e-Discovery in the Cloud," presented at the Masters Conference for Legal Professionals in Washington, DC; the Masters Conference provides educational and networking opportunities for e-discovery attorneys and litigation support professionals nationwide (9/18 to 9/19/2013)

      "2012 Employment Law Roundup," co-presented with Nicole A. Bernabo and Jean E. Tomasco, webinar (11/15/2012)

    • News

      R+C in the News

      • August 4, 2016

        Andrea Donovan Napp Presents on Being a Competent Lawyer in the Age of Big Data

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      • June 28, 2016

        Hartford Lawyers Present at the Connecticut Legal Conference

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      • June 6, 2016

        Robinson+Cole Sponsors George W. Crawford Black Bar Association's 2016 Annual Dinner

      • March 15, 2016

        Robinson+Cole Lawyers Recognized in JD Supra’s 2016 Readers Choice Awards

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      • March 9, 2016

        Robinson+Cole Women's Committee Sponsors Event with Connecticut Chief Justice

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      • February 17, 2016

        Andrea Donovan Napp Makes 2016 E-Discovery Predictions in Law.com Article

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      • July 10, 2015

        Andrea Donovan Napp Presents as Part of E-Discovery Series

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      • June 30, 2015

        Hartford Lawyers Participate in E-Discovery Project Management Session

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      • June 17, 2015

        Robinson+Cole Litigation Lawyers Participate in CBIA Manufacturing Summit

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      • January 5, 2015

        Andrea Donovan Napp Writes About, Speaks on Data Privacy and E-Discovery

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      • October 1, 2014

        Hartford Lawyer Pens Chapter in Business Torts Book, Appointed Editor of ABA Journal

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      • September 25, 2014

        Hartford Lawyers Present Risk Management Webinar

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      • January 31, 2014

        R&C Attorneys Speak About Data Privacy and Security in the Workplace

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      • January 8, 2014

        Hartford Lawyers Write Article for ABA Journal

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      • December 3, 2013

        Hartford Lawyer Presents at National Privacy XChange Forum

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      • November 21, 2013

        R&C Attorneys Speak About Data Breach Issues

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      • November 5, 2013

        Hartford Lawyer Collaborates with Team to Develop ESI Standards

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      • September 27, 2013

        Hartford Lawyer Presents on e-Discovery at Masters Conference

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      • May 16, 2013

        Andrea Donovan Napp and Brian Wheelin Publish Electronic Discovery Article in ABA Newsletter

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      • January 23, 2013

        Connecticut Law Tribune quotes Robinson & Cole's Pro Bono Work

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      • December 28, 2012

        Attorneys Present Webinar About Data Security and Privacy from Employer's Perspective

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      • December 12, 2012

        Litigation Attorneys Author Article About Patent Reform

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      • October 15, 2012

        Andrea Napp to Lead Technology Subcommittee of American Bar Association

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      • September 20, 2012

        Andrea Donovan Napp Authors Chapter in E-Discovery Book

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      R+C News Releases

      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
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      • September 29, 2016

        Robinson+Cole Lawyers Named “New Leaders in the Law” by the Connecticut Law Tribune

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • December 4, 2014

        Robinson+Cole Elects New Partners and Counsel

      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • April 11, 2014

        Andrea Donovan Napp Elected to Hartford Marathon Foundation’s Board of Directors

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      • November 7, 2013

        Connecticut Legal Services Honors Robinson & Cole for Pro Bono Domestic Violence Restraining Order Program

        • » more info
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      • November 22, 2011

        Robinson & Cole Announces Counsel Promotions

    • Newsletters

      Newsletters

      Data Privacy + Security Insider, co-authored with Kathryn M. Rattigan, Linn F. Freedman and Kathleen E. Dion (04/02/2015)