Dennis Canty is a trial lawyer with a practice focused on defective drugs and devices, consumer class actions, unfair business practices, and false advertising. He is an experienced litigator in state and federal courts nationwide, and over the years has pursued these and other complex business, personal injury, real estate and bankruptcy matters through mediation, arbitration, trial and appeal.
He has substantial experience in the subject of electronically stored information (ESI). In addition to years of professional experience dealing with related issues, he is a member of Sedona Conference Working Group 1, and was a member of the drafting team selected to update “The Sedona Conference Commentary on Legal Holds: the Trigger and the Process.”
He participated in the Duke Law Center’s 2014 conference on the latest amendments to the Federal Rules, and was a member of the team selected to draft Guidelines and Practices for implementing the proportionality amendments. The Guidelines are utilized in educational programs for the federal judiciary nationwide as the recent amendments take effect.
In Re: Ethicon, Inc. Power Morcellator Products Liability Litigation
Appointed to Plaintiffs’ Steering Committee in the District of Kansas MDL. Responsible for negotiations on scope and format of ESI production, and formulation of MDL orders governing production.
In Re: Testosterone Replacement Therapy Products Liability Litigation
Responsibility for negotiations on scope and format of ESI production and formulation of MDL orders governing ESI preservation and production.
In Re: Actos Product Liability Cases
Appointed to Plaintiff’s Steering Committee in California Judicial Council Coordinated Proceedings.
In Re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation
Discovery Committee Member. On behalf of all MDL plaintiffs, responsible for negotiations regarding the scope and format of ESI production.
In Re: Gadolinium-Based Contrast Agents Products Liability Litigation
Mr. Canty was a member of the trial team that completed essentially all general liability discovery against certain defendants, to the common benefit of all MDL plaintiffs, as well as all case-specific discovery, expert discovery and dispositive motion practice, in just nine months.
Mr. Canty also took depositions and conducted informal interviews of defendant’s IT personnel to ensure proper identification, preservation and collection of ESI. Mr. Canty represented all plaintiffs in negotiating agreements on the scope of format of production and stipulated case management orders governing the use of ESI at deposition and trial.
In Re: Seroquel Products Liability Litigation
Mr. Canty represented all MDL plaintiffs in efforts to obtain relevant electronically stored information (ESI) from the defendants. This effort included depositions, production requests, motion practice, regular meetings with a court-appointed special master for ESI, mediations, and related hearings. Mr. Canty worked extensively with vendors and attorneys on both sides to achieve proper preservation, collection, processing and production of ESI. Defendants ultimately produced to plaintiffs nearly all ESI (including email, MS Office documents, multimedia files, and data extracted from databases) in native or near-native format. Mr. Canty represented all MDL plaintiffs in seeking sanctions against defendants for their failure to timely and completely produce relevant ESI. .” In Re: Seroquel Products Liability Litigation, 244 F.R.D. 650.
Mr. Canty also prepared and presented expert witnesses at Daubert hearings in the case scheduled first for trial in the country.
Areas of Practice
- Product Liability
- Consumer Class Actions
- Unfair Business Practices
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Northern District of California
- U.S. District Court Southern District of California
- University of San Francisco School of Law, San Francisco, California
- J.D. – 1999
- University of San Francisco
- B.A. – 1994
Professional Associations and Memberships
- The Sedona Conference Working Groups, Electronic Document Retention and Production
- The Sedona Conference Working Groups, Protective Orders, Confidentiality and Public Access
- The Sedona Conference Working Groups, International Electronic Information Management, Discovery and Disclosure
- American Bar Association, Tort Trial and Insurance Practice Section, Member
- American Association for Justice, Member
- California State Bar Association, Litigation Section, Member
- San Francisco Bar Association, Member
- “The Score of Discovery: What, If Anything, Has Changed,” Panelist, The Sedona Conference Institute Program on eDiscovery, March 17-18, 2016
- A panel discussion on the changing landscape of new discovery rules and its effects on requesting and producing evidence in practice.
- “How Confident Are You in Your Competence?”, Panelist, The Sedona Conference Institute Program on eDiscovery, March 17-18, 2016
- Covering new guidelines for and challenges in defining technological competence in bar associations.
- “Plaintiffs’ Essential eDiscovery Toolkit: Initial Conferences And Predictive Coding,” CAOC Annual Convention, November 15, 2014
- Practice pointers on the basics, and insights on cutting edge issues, including: Preservation, ESI Protocols, Proportionality, Transparency, Search Methods, and the New Bogeyman: Predictive Coding