Jeffrey Kopczynski specializes in complex business litigation, securities litigation, antitrust investigations and litigation, and eDiscovery litigation and advice. His experience ranges in a variety of forums and postures, including federal multi-district litigation proceedings, regulatory investigations, internal investigations, federal and state court proceedings, and domestic and international arbitrations.
Jeffrey’s clients routinely engage him to serve as discovery counsel in large-scale, complex, multi-front litigations, government investigations, and arbitrations, where eDiscovery is often one of the most costly and intricate components to achieving a successful outcome. A significant part of Jeffrey’s practice also occurs outside of the courtroom, including advising corporations on eDiscovery and data retention best practices, strategies, and policies. His high-technology background and extensive litigation and regulatory experience provides him with exceptional skills in this area. Jeffrey’s clients include household-name global financial institutions, technology companies, media and telecommunication companies, and major airlines, among others.
Jeffrey’s successful outcomes are the result of careful planning, effective and efficient execution, and above all, strong, positive teamwork. Jeffrey bears these components in mind at every stage of a proceeding or investigation so that he can advance his clients’ best interests.
Outside of his practice, Jeffrey dedicates his time to pro bono matters. He has successfully represented two male domestic violence victims in petitions before the United States Citizenship and Immigration Service to obtain adjusted status under the Violence Against Women Act. He has also served as co-counsel on family law matters with Sanctuary for Families, as co-counsel with the Urban Justice Center in a matter arising from its street-vendor project, and as lead counsel on a significant environmental matter.
- Representing American Airlines in employment, ERISA, antitrust, and general corporate matters. Also regularly advising on retention and eDiscovery strategies.
- Advising one of the world’s largest global financial institutions on eDiscovery strategy across its litigation and regulatory portfolios as one of its designated eDiscovery subject matter experts.
- Representing the world’s leading digital satellite provider in a federal litigation alleging antitrust violations connected to the Sunday Ticket product.
- Representing a top media and entertainment company in constitutional and commercial litigation.
- Advising several large corporations on eDiscovery strategy connected to confidential internal investigations.
- Representing one of the leading customer care companies in multiple State AG investigations and litigations concerning employee/independent contractor classification issues.
- Represented one of the world’s largest social media companies in numerous state AG investigations and litigations over marketing and use of its platform.
- Representing leading consumer pet food company in multiple state court actions alleging misleading statements and antitrust violations connected to “prescription” pet food.
- Representing global pharmaceutical companies in an MDL alleging false advertising relating to certain over-the-counter drugs labeling that contain phenylephrine.
- Advising United Airlines on eDiscovery strategy in an ERISA matter.
- Advised multiple Fortune 500 corporations on eDiscovery preservation strategy connected to recalled consumer products.
- Advised a Fortune 500 company on best-practice strategies for responding to subpoenas and other legal demands.
- Advised one of the world’s largest news organizations on eDiscovery strategy connected to a high-profile employment arbitration.
- Represented one of the world’s largest construction companies in a federal corruption investigation connected to projects in the US and South America.
- Advised a global corporation on eDiscovery strategy in connection with a software issue affecting many hundreds of active and closed legal matters.
- Advising several large institutions on preservation and discovery strategies in ERISA-related matters.
- Successfully defended a multinational electronics company in a multibillion-dollar contract dispute.
- Designed and deployed a domestic data retention policy for one of the world’s largest non-profit organizations.
- Designed and deployed a global data retention policy for one of the world’s largest airlines.
- Designed and deployed a global data retention policy for a mid-sized media company.
- Successfully represented Advanced Micro Devices in its long-running, multi-jurisdictional antitrust litigation against Intel Corporation, which settled on the eve of trial for US$1.25 billion. This settlement was one of the largest settlements ever achieved in antitrust litigation by a single plaintiff and resulted in Intel’s agreement to a series of game-changing reforms of its behavior in the marketplace and rights to Intel’s patent portfolio.
- Successfully resolved multiple securities cases on summary judgment and with favorable settlements for global financial institutions in New York, California, and Georgia that alleged misconduct by prime brokers relating to short selling.
- Successfully represented Northwest Airlines during a merger investigation by the US Department of Justice, Antitrust Division, and in a related private suit filed in federal court to block its merger with Delta Airlines.
- Successfully represented an Australian-based infrastructure group in a Delaware state court action by a Japanese-based wind turbine manufacturer.
- Successfully defended a large financial institution in litigation, arbitration, and regulatory proceedings arising from its marketing and sales of auction-rate securities.
- Successfully represented an international package delivery company in more than 50 putative class action lawsuits in 42 states seeking to reclassify as “employees” thousands of independent contractors engaged in package pick-up and delivery services.
- Represented a Bermuda-based excess insurer in a coverage dispute arising out of thousands of product-liability claims.
- Advised a US-based excess insurer on state court coverage litigation arising out of product-liability claims.
- Represented a large financial institution in a putative securities class action arising from alleged misrepresentations about its credit losses and subprime-asset exposure in connection with new preferred-stock issuances.
- Representing a large financial institution in connection with multiple regulatory investigations concerning short sales and market making.
- Defending a global financial institution against multibillion-dollar successor-liability claims in New York, Georgia, and Washington state courts.
Admissions
Bar Admissions
- New York
- New Jersey
Court Admissions
- US District Court, Southern District of New York and District of New Jersey
- US Court of Appeals, Second Circuit
Education
- Rutgers University, J.D.: Honorable Clarence E. Case Scholar; Harold David Feuerstein Scholar; Managing Editor, Rutgers Law Record
- Whitman College, B.A., History
Honors & Awards
- Recognized by The Legal 500 US for his work in eDiscovery matters (2019-2020)
Professional Activities
Speaker
- ABA Antitrust Spring Meeting Faculty, “E-Discovery & Ethics” (2018)
- New York County Lawyers Association, “What You Need to Know About the New FRCP Amendments: Discovery, eDiscovery, Proportionality, Preservation, and Sanctions,” (2016)
Miscellaneous
- Lieutenant-Governor, American Bar Association Law Student Division, Third Circuit