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BIOGRAPHIES
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Practice Areas
Electronic Discovery
Additional Practice Areas
Information Technology Law, Qui Tam False Claim Act
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Ralph Losey is a shareholder of Akerman Senterfitt, Founder and Chair of Akerman's Electronic Discovery and IT Law practice group, and Adjunct Professor at the University of Florida College of Law teaching e-discovery and advanced e-discovery. Ralph is a prolific author of e-discovery in the industry, having written three books and three law review articles in the past three years. His newest book will be published by West Thomson in 2010, entitled "Electronic Discovery: New Ideas, Trends, Case Law, and Practices," (West 2010). He has previously written the American Bar Association's feature books on electronic discovery for 2008 and 2009: "Introduction to e-Discovery: New Cases, Ideas, and Techniques," (ABA 2009); and "e-Discovery: Current Trends and Cases," (ABA 2008). He is also the author of the well known law review article on the mathematics underlying e-discovery: "HASH: the New Bates Stamp," 12 Journal of Technology Law & Policy 1 (June 2007), and more recently on the ethics underlying e-discovery: "Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery," 60 Mercer L. Rev. 983 (2009). His most recent law review article was written for The Sedona Conference, "Mancia v. Mayflower Begins a Pilgrimage to the New World of Cooperation," The Sedona Conference Journal (Winter 2009), on an important new collaborative approach to discovery.
Ralph is also the principle author and publisher of a popular weekly blog on e-discovery, e-Discovery Team Blog, which now averages over 400,000 visits per year.
Ralph has a long history in commercial litigation in both state and federal court, with an emphasis on technology-related issues, ERISA disputes, and Qui Tam government fraud cases. His experience includes one of the largest e-discovery cases in Central Florida in the late 90s, and more recently, one of largest Qui Tam pharmaceutical fraud cases in the country.
Ralph has practical experience as a computer user and amateur programmer going back to 1978. He has worked with mainframes, minicomputers, Macs and PCs, utilizing all applications imaginable, and creating and designing software in the 1980s and Internet websites in the 1990s. Ralph was the first lawyer in Central Florida to have a computer on his desk, the first to use Westlaw, and the first lawyer in Florida with an Internet website. He was also a pioneer in the field of Computer Law, dating back to the early 1980s where he developed particular experience in computer database protection, software licensing, and later, Internet law; see for instance, "The Legal Protection of Computer Databases," Florida Bar Journal (1991). Ralph has also worked with high-tech start-up companies, where he helped develop a food service database which later became the industry (IFDA) standard.
He has been involved in technology disputes of all kinds, including the widely publicized case concerning the private collection and sale of a database of all Florida drivers license photographs: Image Data, L.L.C. v. Sullivan, 739 So.2d 725 (5th DCA 1999), and the recent e-discovery spoliation adverse inference decision, Optowave Co., Ltd. v. Dmitri G. Nitikin, 2006 WL 3231422 and 2006 Lexis 81345 (M.D. Fla. November 7, 2006). He was also in the first group of attorneys to be certified by the Florida Supreme Court as a Mediator of Computer Law disputes in 1989, and has extensive experience in alternative dispute resolution.
Published Books
 | Author, "Electronic Discovery: New Ideas, Trends, Case Law, and Practices," West Thomson, 2010 |
| Author, "Introduction to e-Discovery: New Cases, Ideas, and Techniques," American Bar Association, 2009 |
| Author, "e-Discovery: Current Trends and Cases," American Bar Association, 2008 |
| Author, "Your Cyber Rights and Responsibilities: The Law of the Internet," Chapter 3 of Que's Special Edition Using the Internet, McMillian Publishers, 3rd Ed, 1996 |
Awards & Recognition | Super Lawyers 2009, Listed in Florida for IT/Outsourcing |
| Martindale Hubbell, AV Rated |
| Certified Computer Law Mediator, The Florida Bar, 1989 |
| Certified Arbitrator, Orange County Bar Association, 1989 |
| Who's Who in American Law, Listed since 1985 |
Representative Clients
Metropolitan Water District of Southern California
Harris Corporation
The National Companies
Medical Staffing Networks
Samsung
Hartford Insurance
CIGNA
Fifth Third Bank
Publications & Lectures | Georgetown 6th Annual Advanced E-Discovery Institute, Panelist and Presenter, "Ethics" Panel and "Search" Panel, Washington, D.C., November 2009 |
| Capital One e-Discovery Search Conference, Presenter, "The Future of Search" with Jason Baron, Washington, D.C., November 2009 |
| West Thomson Reuters, Panelist, "Critical Cases" Panel and "Addressing the Challenges of New Technologies" Panel," New York, October 2009 |
| City of Miami Beach, Presenter, "Introduction to e-Discovery," October 2009 |
| Sedona Conference, Panelist, "Local Rules," Atlanta, October 2009 |
| Two Day Presentation to NASA with Jason Baron, Presenter, "Electronic Records Management and e-Discovery," Cape Kennedy, 2009 |
| Litigation Support Leaders Conference, Panelist, "Information Management" Panel, "EDRM Search Project" Panel, and "Introduction to EDD" Panel, Washington, D.C., 2009 |
| Texas State Bar Electronic and Digital Evidence Seminar, Panelist, "Search Techniques" Panel, "Latest Cases" Panel, "Forms of Production" Panel, and "Privilege, Conflicts and Professional Responsibility" Panel, 2009 |
| Georgetown e-Discovery Training Academy, Presenter, "Competency Testing," Washington, D.C., July 2009 and February 2009 |
| ABA Techshow, Panelist, "Latest Cases" Panel and "Ethics and e-Discovery," Chicago, 2009 |
| Florida Attorney General's Economic Crimes Unit Annual Conference, Speaker, "New Developments and Ethics in e-Discovery," Orlando, 2009 |
| EMC Annual Writers Conference on Electronic Content Management, Speaker, "e-Discovery and Electronic Content Management," New York City, 2009 |
| Florida Attorney General's Economic Crimes Unit Annual Conference, Presenter, "New Trends and Cases in e-Discovery," Orlando, 2008
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| West Legal Works, Presenter, "E-Discovery: An A–Z Workshop," Miami, 2008
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| ALM Event, Presenter, "Managing Today's Discovery Process: The Evolving Role of the Paralegal & Litigation Support Professional," New York, 2008
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| Presenter, Presentation to In-House Counsel on Corporate e-Discovery Teams, Jacksonville, 2008
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| Lex Mundi North America Regional Conference, Presenter, "E-Discovery" Panel," Miami, 2008
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| Georgetown 5th Annual Advanced e-Discovery Institute, Presenter, "Cutting Edge Developments in Search & Retrieval Technologies," Arlington, 2008 |
| Bench Bar Conference of Hillsborough County, Presenter, "Ethics and e-Discovery," Tampa, 2008 |
| The Walter F. George School of Law Conference, Presenter, "Ethics and Professionalism In The Digital Age," Macon, 2008 |
| University of Florida, Speaker, "A Sedona E-Discovery Evening at the University of Florida," Gainesville, 2008 |
| The Masters Conference, Speaker, "Viewing E-Discovery Through The Corporate Veil," Washington, DC, 2008 |
| Florida Hospital Association, Presenter, "E-Discovery/Record Retention," Orlando, 2008 |
| Legal IQ, a division of IQPC, Presenter, "Corporate eDiscovery Teams: The New Gold Standard of eDiscovery Practice?," Atlanta, 2008 |
| American Conference Institute, Speaker, "Document Management & E-Discovery Corporate Counsel Forum," New York, 2008 |
| ALM Event, Speaker, "The Match Game: Searching and Sampling ESI," Los Angeles, 2008 |
| ALM Event Harvard Club e-Discovery Program, Speaker, "E-Discovery Teams: The New Gold Standard," New York, 2008 |
| Jacksonville Bar Association, Speaker, "In-House Counsel View of Corporate e-Discovery Teams," 2008 |
| Lex Mundi North America Regional Conference, Presenter, "E-Discovery" Panel, Miami, 2008 |
| West Legal Works Webinar, Moderator and Panelist, "E-Discovery and Computer Forensic Investigations 101: When Does Your Case Warrant the Full 'CSI' Treatment?," December, 2007 |
| West Legal Works Webinar, Moderator and Panelist, "The e-Discovery Search Quagmire: New Approaches to Finding Relevant Needles in the Electronic Haystack," December, 2007 |
| Masters Conference, Speaker, "E-Practice in the Electronic Age," October, 2007
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| Florida Bar Association Seminar, Speaker, "Introduction to e-Discovery," June, 2007 |
| Florida Attorney General Office Seminar, Speaker, "Introduction to e-Discovery: Prosecutor's Version," June, 2007 |
| LiveOffice Podcast, Speaker and Panelist, "What the New e-Discovery FRCP Means for Your Business," June 2007 |
| National Webcast Seminar by Navigant Consulting, Speaker, "Emerging Standards of Metadata Production," 2007 |
| Association of Corporate Counsel CLE on e-Discovery and Modern Records Management, Keynote Luncheon Presenter, "Solving the e-Discovery Problem: a Practical Team Approach," New Jersey, 2007 |
| National Business Institute Webcast Seminar on Electronic Discovery, Speaker, "Rules and Ramifications of the New Rules of e-Discovery," 2007 |
| National Business Institute Webcast Seminar on Electronic Discovery, Speaker, "Myriad of Issues Created by the New Rules of e-Discovery," 2007 |
| West LegalWorks 19th Annual ERISA Litigation Conference, Speaker, "ERISA and the New e-Discovery Rules," 2007 |
| Florida Bar Association Seminar, Speaker, "Introduction to e-Discovery," Orlando, 2007
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| Florida Attorney General Office Seminar, Speaker, "Introduction to e-Discovery: Prosecutor's Version," Orlando, 2007
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| LiveOffice Podcast, Speaker and Panelist, "What the New e-Discovery FRCP Means for Your Business," 2007
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| National Webcast Seminar by Navigant Consulting, Speaker, "Emerging Standards of Metadata Production," 2007
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| Association of Corporate Counsel CLE on e-Discovery and Modern Records Management, Keynote Luncheon Presenter, "Solving the e-Discovery Problem: a Practical Team Approach," New Jersey, 2007
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| National Business Institute Webcast Seminar on Electronic Discovery, Presenter, "Rules and Ramifications of the New Rules of e-Discovery," 2007
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| National Business Institute Webcast Seminar on Electronic Discovery, Presenter, "Myriad of Issues Created by the New Rules of e-Discovery," 2007
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| West LegalWorks 19th Annual ERISA Litigation Conference, Speaker, "ERISA and the New e-Discovery Rules," 2007
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Published Works | 10 Sedona Conference Journal 377, Author, "Mancia v. Mayflower Begins A Pilgrimage to the New World of Cooperation," 2009 Supp. |
| 60 Mercer Law Review 983, Author, "Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery," 2009 |
| 12 Journal of Technology Law & Policy 1, Author, "HASH: The New Bates Stamp," June 2007 |
| Profit Magazine, Author, "Protecting Your Intellectual Property," 1992 |
| The Florida Bar Journal, Author, "The Legal Protection of Computer Databases," 1991 |
| The National Law Journal, Author, "Bruch Creates Split in Circuits On Standard of ERISA Appellate Review," 1991 |
Bar Admissions
Florida
Court Admissions
U.S. District Court, Northern District of Florida
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. Supreme Court
Professional Memberships and Activities | The Florida Bar, Member |
| The Sedona Conference, Member |
| American Bar Association, Member |
| Federal Bar Association, Member |
| Orange County Bar Association, Member |
Related Professional Experience | Adjunct Professor, University of Florida College of Law, Introduction to Electronic Discovery; and Advanced e-Discovery Seminar |
Community Involvement | Negro Spiritual Scholarship Foundation, Member |
| Tee-Lo Junior Golf Foundation, Member |
| Winter Park High School Crew Boosters, Member; Past President, 2001 |
| Echoes of the Ancestors African Relief Foundation, Member |
Published Decisions
See attached list of published decisions. Unpublished
cases of note include numerous computer law cases and the successful defense of a Qui Tam case in District Court in Orlando seeking over One Billion Dollars in damages and fines related to allegations of false billings to Medicaid by a Fortune 500 Company, and involving numerous substantial data protection and e-Discovery issues.
| Barron v. General Elec., No. 8:05-CV-1046-T-17MAP, 2006 WL 905514 (M.D. Fla., Apr. 7, 2006) |
| Baker v. Hartford Life and Accident Insurance Co., 371 F. Supp. 2d 1352 (M.D. Fla. 2005) |
| Barchus v. Hartford Life and Accident Ins. Co., 320 F. Supp. 2d 1266 (M.D. Fla. 2004) |
| Belknap v. Hartford Life and Accident Ins. Co., 389 F. Supp. 2d 1320 (M.D. Fla. 2005) |
| Bird v. Eastman Kodak Co., 290 F. Supp. 2d 1117 (M.D. Fla. 2005) |
| Brevard Emergency Services v. EmCare, Inc., No. 6:04-CV-1892-ORL-28-JGG, 2005 WL 1074272 (M.D. Fla. 2005) |
| Chilton v. Prudential Ins. Co. of Am., 124 F. Supp. 2d 673 (M.D. Fla. 2000) |
| Chiroff v. Life Ins. Co. of N. Am., 142 F. Supp. 2d 1360 (S.D. Fla. 2000) |
| Clermont Builders Supply, Inc. v. General Const. & Design, Inc., 423 So. 2d 518 (Fla. 5th DCA 1982) |
| Cohen v. Hardman, 416 So. 2d 498 (Fla. 5th DCA 1982) |
| Cook v. Theme Park Ventures, Inc., 633 So. 2d 468 (Fla. 5th DCA, 1994) |
| Crume v. Metropolitan Life Insurance Co., 417 F. Supp. 2d 1258 (M.D. Fla., Feb. 14, 2006) |
| Crume v. Metropolitan Life Insurance Co., 387 F. Supp. 2d 1212 (M.D. Fla. 2005) |
| Crume v. Metropolitan Life Insurance Co., 388 F. Supp. 2d 1342 (M.D. Fla. 2005) |
| Curran v. Abbott Laboratories Extended Disability Plan, 331 F. Supp. 2d 1376 (M.D. Fla. 2004) |
| Curran v. Abbott Laboratories Extended Disability Plan, 2005 WL 894840 at *8 (11th Cir. 2005), aff'g order granting summary judgment, 331 F. Supp. 2d 1376 (M.D. Fla. 2004) |
| Diaz v. Verizon Wireless Employee Benefits Committee, et al., 222 Fed.Appx. 879 (11th Cir., March 15, 2007), aff'g order granting summary judgment, 2006 WL 2471517 (M.D. Fla., August 24, 2006) |
| DiSanto v. Wells Fargo & Co. and Metropolitan Life Insurance Co., Case No. 8:05-cv-1031-T-27MSS (M.D. Fla., August 24, 2007) |
| Dowling v. Metropolitan Life Insurance Co., 355 F. Supp. 2d 1311 (M.D. Fla. 2004) |
| Dunn v. Harris Corp., ___ F.Supp.2d ___, 2008 WL 2370172 (M.D. Fla. 2008) |
| Earnest v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1327 (M.D. Fla. 2003) |
| Featherston v. Metropolitan Life Insurance Co., 389 F. Supp. 2d 1302 (N.D. Fla. 2005) |
| Featherston v. Metropolitan Life Insurance Co., 223 F.R.D. 647 (N.D. Fla. 2004) |
| Fick v. Metropolitan Life Ins. Co., 320 F. Supp. 2d 1314 (S.D. Fla. 2004) |
| Fick v. Metropolitan Life Ins. Co., 374 F. Supp. 2d 1271 (S.D. Fla. 2004) |
| Fleming v. Metropolitan Life Ins. Co., No. 8:06-CV-88-T-23TBM, 2006 WL 709560 (M.D. Fla., March 16, 2006) |
| Ganceres v. Cingular Wireless Health and Welfare Benefits Plan for Non-Bargained Employees, etc., et al., Case No. 3:04-cv-199-J-32-MMH, 2006 WL 2644919 (M.D. Fla. 2006) |
| Hallford v. Metropolitan Life Ins. Co., 158 Fed.Appx. 198, 2005 WL 3159939 (11th Cir. 2005), aff'g order granting summary judgment, 367 F. Supp. 2d 1353 (N.D. Fla. 2005) |
| Hufford v. Harris Corporation, 322 F. Supp. 2d 1345 (M.D. Fla. 2004) |
| Image Data, L.L.C. v. Sullivan, 739 So. 2d 725 (Fla. 5th DCA 1999) |
| Image Data, L.L.C. v. Sullivan, 745 So. 2d 567 (Fla. 5th DCA 1999) |
| Jordan v. Lakeland Regional Medical Center, Inc., 153 F. Supp. 2d 1333 (M.D. Fla. 2001) |
| Kennedy v. Metropolitan Life Insurance Co., Verizon Claims Review Committee, et al, 357 F. Supp. 2d 1346 (M.D. Fla. 2005) |
| Kirk v. Metropolitan Life Ins. Co., 331 F. Supp. 2d 1361 (M.D. Fla. 2004) |
| Lake v. Hartford Life and Accident Ins. Co., 218 F.R.D. 260 (M.D. Fla. 2003) |
| Lake v. Hartford Life and Acc. Ins. Co., 320 F. Supp. 2d 1240 (M.D. Fla. 2004 ), aff'd per curiam, 126 Fed. App'x. 463 (11th Cir. 2004) |
| Lake v. Hartford Life and Acc. Ins. Co., No. 8:03-CV-237-T-26EAJ, 2004 WL 1253784 (M.D. Fla. 2004) |
| Lowe v. Telesat Cablevision Inc., 825 F. Supp. 1000 (M.D. Fla., 1993) |
| Lowe v. Telesat Cablevision, Inc., 837 F. Supp. 410 (M.D. Fla., 1993) |
| Mack v. Metropolitan Life Insurance Co., No. 8:05-cv-425-JSM-MSS, 2006 WL 2052365 (M.D. Fla., 2006) |
| Mack v. Metropolitan Life Insurance Co., No. 06-14406, 2007 WL 1720471 (11th Cir. Fla. June 15, 2007) |
| Metropolitan Life Ins. Co. v. Carter, No. 3:04-CV-668-J32HTS, 2005 WL 2810699 (M.D. Fla. 2005) |
| Metropolitan Life Ins. Co. v. Carter, No. 3:04-CV-668-J32HTS, 2005 WL 1668865 (M.D. Fla. 2005) |
| Meyer v. Hartford Life and Accident Ins. Co., 320 F. Supp. 2d 1256 (M.D. Fla. 2004) |
| Mutual of Omaha Ins. Co. v. Gold, 669 So. 2d 362 (Fla. 5th DCA 1996) |
| Mutual of Omaha Ins. Co. v. Gold, 681 So. 2d 1204 (Fla. 5th DCA 1996) |
| Mutual of Omaha Ins. Co. v. Wood, 679 So. 2d 69 (Fla. 5th DCA 1996) |
| Nicholson v. Ariko, 539 So. 2d 1141 (Fla 5th DCA 1989) |
| Nicholson v. Ariko, 565 So. 2d 843 (Fla. 5th DCA 1990) |
| Novak v. Irwin Yacht and Marine Corp., 986 F.2d 468 (11th Cir. 1993) |
| Onofrietti v. Metropolitan Life Ins. Co., 320 F. Supp. 2d 1250 (M.D. Fla. 2004) |
| Parness v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1347 (S.D. Fla. 2003) |
| Providence v. Hartford Life and Accident Insurance Company, 357 F. Supp. 2d 1341 (M.D. Fla. 2005) |
| Rementer v. Metropolitan Life Ins. Co., No. 6:04-CV-1148-ORL-22-JGG, 2006 WL 66721 (M.D. Fla., Jan. 10, 2006) |
| Revello v. Life Insurance Company of North America, No. 6:03-CV-1787-ORL, 2004 WL 1253887 (M.D. Fla. 2004) |
| Riccard v. Prudential Ins. Co., 307 F.3d 1277 (11th Cir. 2002) |
| Ridge v. Hartford Life and Acc. Ins. Co., No. 8:03-CV-1871-T-26EAJ, 2005 WL 889964 (M.D. Fla. 2005) |
| Ridge v. Hartford Life and Acc. Ins. Co., 339 F. Supp. 2d 1323 (M.D. Fla. 2004) |
| Sarasota Cloth Fabric & Foam, Inc. v. Benes, 502 So. 2d 1354 (Fla. 5th DCA 1987) |
| Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986) |
| Sejdic v. Group Long-Term Disability Plan for Employees of Homeside Lending, Inc., et al, 348 F. Supp. 2d 1313 (M.D. Fla. 2004) |
| Shaler v. United of Omaha Life Ins. Co., 718 So. 2d 953 (Fla. 5th DCA 1998) |
| Shaw v. Connecticut General Life Ins. Co., 353 F.3d 1276 (11th Cir. 2003) |
| Shideler v. Connecticut General Life Insurance Company, et al, 563 So.2d 1082 (Fla. 5th DCA 1990) |
| Snider v. Cingular Wireless Health and Welfare Benefits Plan for Non-Bargained Employees, etc., et al, Case No. 3:04-cv-198-J-32-MMH (Doc. 88, August 18, 2006) (publication pending) |
| Snider v. Cingular Wireless Health and Welfare Benefits Plan for Non-Bargained Employees, etc., et al, Case No. 3:04-cv-198-J-32-MMH, 2006 WL 2400952 (M.D. Fla. 2006) |
| Thomas v. Lockheed Martin Information Sys., 155 F. Supp. 2d 1316 (N.D. Fla. 2001) |
| Torres v. Pittston Co., 346 F.3d 1324 (11th Cir. 2003) |
| Walker v. Connecticut General Life, 4 F.3d 999 (Table) (11th Cir. 1993) |
| Wall v. Pennzoil-Quaker State Company et al, 358 F. Supp. 2d 1169 (S.D. Fla. 2004) |
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Education
1979: J.D., University of Florida College of Law, with honors
1973: B.A., Vanderbilt University
Institute of European Studies, Vienna, Austria, 1971-1972
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