People: Richard D. Lutkus, Partner

Photo of Richard D. Lutkus, Partner

Richard D. Lutkus

Partner

San Francisco
Direct: (415) 544-1073
Chicago
Direct: (312) 460-5312
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Mr. Lutkus is a partner in the San Francisco office of Seyfarth Shaw LLP. His practice is dedicated to complex information governance issues including cybersecurity, digital forensics, internal investigations, eDiscovery consulting and litigation response, data breach prevention and response, cyber-stalking mitigation, cryptocurrency, blockchain technology, and information technology related policies and practices. Mr. Lutkus has represented clients in a wide range of disputes including trade secret misappropriation, computer fraud and abuse, intellectual property theft, employee malfeasance investigations, software licensing agreements, data ransom/data hijacking matters, IoT security consulting, penetration testing, data privacy issues, and GDPR assessment and preparedness. 

Mr. Lutkus is the only attorney in the world that holds three exceptionally technical certifications in digital forensics (EnCE), eDiscovery (EnCEP), and certified ethical hacking (CEH). Mr. Lutkus’ exceptionally strong technical background includes experience in information security, computer programming, network security, computer and mobile device forensics, and eDiscovery. With over 13 years of experience, Mr. Lutkus represents and provides information governance consulting to a broad range of clients—from Fortune 100 global enterprises to small and mid-sized companies alike.

Through the SeyfarthLean® approach, Mr. Lutkus has developed a distinguished practice that applies Lean Six Sigma and project management methodologies to deliver increased value to our clients at a time of increased market pressures and competitive pricing and efficiency demands.  Seyfarth’s commitment to delivering legal services in a new way—with an emphasis on value, process improvement, and innovation—has been praised by the Association of Corporate Counsel as being "five years ahead of every other AmLaw 200 firm." Through SeyfarthLean Consulting, Mr. Lutkus also offers consultative advice that complements Seyfarth’s diverse legal offerings, providing clients with a holistic approach to managing their matters.

Mr. Lutkus is a partner in the San Francisco office of Seyfarth Shaw LLP. His practice is dedicated to complex information governance issues including cybersecurity, digital forensics, internal investigations, eDiscovery consulting and litigation response, data breach prevention and response, cyber-stalking mitigation, cryptocurrency, blockchain technology, and information technology related policies and practices. Mr. Lutkus has represented clients in a wide range of disputes including trade secret misappropriation, computer fraud and abuse, intellectual property theft, employee malfeasance investigations, software licensing agreements, data ransom/data hijacking matters, IoT security consulting, penetration testing, data privacy issues, and GDPR assessment and preparedness. 

Mr. Lutkus is the only attorney in the world that holds three exceptionally technical certifications in digital forensics (EnCE), eDiscovery (EnCEP), and certified ethical hacking (CEH). Mr. Lutkus’ exceptionally strong technical background includes experience in information security, computer programming, network security, computer and mobile device forensics, and eDiscovery. With over 13 years of experience, Mr. Lutkus represents and provides information governance consulting to a broad range of clients—from Fortune 100 global enterprises to small and mid-sized companies alike.

Through the SeyfarthLean® approach, Mr. Lutkus has developed a distinguished practice that applies Lean Six Sigma and project management methodologies to deliver increased value to our clients at a time of increased market pressures and competitive pricing and efficiency demands.  Seyfarth’s commitment to delivering legal services in a new way—with an emphasis on value, process improvement, and innovation—has been praised by the Association of Corporate Counsel as being "five years ahead of every other AmLaw 200 firm." Through SeyfarthLean Consulting, Mr. Lutkus also offers consultative advice that complements Seyfarth’s diverse legal offerings, providing clients with a holistic approach to managing their matters.

Education

  • J.D., Creighton University School of Law (2004)
  • B.S.B.A, Creighton University (2002)
  • Certifications

    Mr. Lutkus is the only known attorney holding all three of the following certificates in computer forensics, eDiscovery and information security:

    • EnCase Certified Computer Forensic Examiner (EnCE)
    • EnCase Certified eDiscovery Practitioner (EnCEP)
    • Certified Ethical Hacker (CEH)

    with specific computer forensic expertise in:

    • Computer Forensics I & II
    • Advanced Internet Examinations
    • Network Intrusion Investigations
    • Advanced Computer Forensics
    • Enterprise Computer Forensics I & II
    • eDiscovery Preservation, Collection, and Processing

Admissions

  • California
  • Illinois

Courts

  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Affiliations

  • American Bar Association
  • International Association of Privacy Professionals
  • Department of Justice/Federal Bureau of Investigation – Infragard
  • High Technology Crime Investigation Association  (HTCIA)
  • The American Society of Digital Forensics & eDiscovery (ASDFED)
  • Guidance Software Inc., Computer Forensics and eDiscovery (Instructor)
  • SANS Institute
  • Lorman Professionals’ Directory
  • Relativity Law Firm Advisory Board
  • Chairman of the Legal Industry SIG for the Pacific Region - FBI Infragard
  • Information Systems Security Association (San Francisco and Silicon Valley Chapters)

Presentations

  • “Brave New Words: Cloud Collection, Processing, and Hosting,” RelativityFest, Chicago, IL (October 24, 2017)
  • “Anatomy of Data Breaches and Risk Mitigation Techniques,” The Marketplace Risk Seminar (September 12, 2017)
  • "Trust Violated: Exploring Nefarious Acts from a Trusted Insider," Cornerstones of Trust (June 20, 2017)
  • “Cyber Risk Management Facing Boards, C-Suites & General Counsel: Prevention, Crisis Management, and Mitigating Personal Liability,” The Directors Roundtable (May 10, 2017)
  • “Cyber Security, Ethical Hacking and Protecting Your Clients and Firm”, presented by American Academy of Matrimonial Lawyers of Northern California (May 5 , 2017)
  • "A Big Target: Cybersecurity for Attorneys and Law Firms," Webinar, presented by Seyfarth Shaw LLP (December 7, 2016)
  • “Nothing to Hide? Mobile Device Discovery,” On-Demand Webinar, presented by Clear Law Institute, LLC (November 1, 2016)
  • "Data Breach Response: Best Practices When Your Company is Facing a US Lawsuit," Webinar, Association of Corporate Counsel (May 5, 2016)
  • “Cybersecurity: Is Your eDiscovery Secure?,” Masters Conference, San Francisco, CA (April 19, 2016)
  • "Data Security and Trade Secret Protection for Lawyers," Webinar, presented by Seyfarth Shaw LLP (February 25, 2016)
  • "Ethics of Data Security and Trade Secret Protection for Lawyers," American Intellectual Property Law Association, Trade Secret Law Summit (November 12, 2015)
  • "eDiscovery from Three Different Perspectives: Corporate, Discovery Services, and a Law Firm," CEIC, Las Vegas, Nevada (May 19, 2015)
  • Panelist, "BYOD, Social Media, and Cloud Computing Trends and Risks in Corporate Environments," presented by Guidance Software, Palo Alto, CA (October 23, 2014)
  • RelativityFest Corporate Counsel SuperSession on eDiscovery (October 13, 2014)
  • “Mobile Device Forensics - ClearLaw Institute Presentation,” (August 22, 2014)
  • “Tracking Trade Secrets: Audit, Protect, Investigate,” CEIC 2014 Presentation (May 21, 2014)
  • “Advanced Topics in eDiscovery: Where the Money Goes - Understanding eDiscovery Fees, Costs and Expenses," eDiscovery Training Program (May 14, 2014)
  • "eDiscovery for IT Practitioners," SANS Institute Special Webcast (July 30, 2013)
  • "Mitigating EDRM Left Side Risks and Lessons Learned – Understanding ESI & IT Infrastructure," Computer Enterprise and Investigations Conference (May 19-22, 2013)
  • "An Introduction to Digital Forensics," Seventh Circuit Electronic Discovery Pilot Program, Webinar (August 30, 2013) 
  • "Practical eDiscovery: Tips and Tricks for Data Handling and Working with Attorneys,” Chi4n6 / HTCIA Presentation (February 19, 2013)
  • “E-Discovery Workflow - Entries and Records, Start to Finish,” Computer Enterprise and Investigations Conference (May 21-24, 2012)
  • “Intellectual Property Investigations with EnCase,” Computer Enterprise and Investigations Conference (May 21-24, 2012)
  • "Cloud Computing: Implications in Privacy, Information Security, and eDiscovery," Seyfarth Shaw Webinar (September 27, 2011)
  • “iOS Forensic Analysis,” Guidance Software Technology Forum(July 26, 2011)
  • “Art Form of Creating Keywords and ECA Review,” Computer Enterprise and Investigations Conference (May 15-18, 2011)
  • “Workflow Methods from Collections to Rolling Deliverables in the EnCase® eDiscovery Solution,” Computer Enterprise and Investigations Conference (May 15-18, 2011)
  • “Essential Discovery Skills for Paralegals,” Lorman Education Services Webcast (March 23, 2011)
  • “Paralegal Symposium on eDiscovery,” College of Lake County (December 2, 2010)
  • “Essential Discovery Skills for Paralegals,” Lorman Education Services Webcast (September 14 and 22, 2010)
  • “Cloud Computing,” Panel Presentation to Chicago Area Litigation Support Managers (April 2010)
  • “Essential Discovery Skills for Paralegals,” Lorman Education Services Webcast (March 31, 2010)
  • “Cloud eDiscovery,” Speech to The American Society of Digital Forensics & eDiscovery (November 2009) 

Publications

Press/News

  • Interviewed by CNBC relating to the SEC’s EDGAR system breach (September 21, 2017)
  • Quoted in “Privacy concerns surround Apple’s facial recognition technology (well, for some),” AppleWorld.Today (September 20, 2017)
  • Quoted in “Silence Is Golden Until Your Face Unlocks Your Phone,” Backspace Daily (September 19, 2017)
  • Quoted in “Service Disruptions to WhatsApp in China Raise Wider Censorship Concerns,” ALM Legaltech News (July 20, 2017)
  • Quoted in "Apple, Cisco Insurance Venture Could Cue Competitors," Law360 (June 27, 2017)
  • Quoted in “How Cybercriminals Are Breaching BigLaw’s Defenses,” Law360 (March 27, 2017)
  • Interviewed, “A Big Law 'Ethical Hacker' on Preventing Cyberattacks,” Law.com (October 24, 2016)
  • Quoted in “5 Ways Lawyers Get Their Firms Hacked,” Law360 (June 2, 2016)
  • Quoted in “Ashley Madison Litigation Ensnares Law Firm's Emails,” The National Law Journal (April 14, 2016)
  • Quoted in "Ex-Jailbreakers now working to secure iOS for consumers and enterprises with comprehensive platform," 9to5Mac (January 17, 2016)
  • Interviewed in a December 3, 2015 story by Chris Dale of the eDisclosure Information Project on how Seyfarth Shaw LLP uses Relativity for information governance as well as eDiscovery.
  • Quoted in "Information Week, 7 Ways to Avoid Information Governance Pitfalls," (October 6, 2015)
  • “Certification Gives E-Discovery Counsel an Edge” profiled in Real eDiscovery Magazine (October 27, 2011)
  • Mentioned as contributing authority in "Riding the Waves of Early Cases Assessment," Law Technology News  (April 26, 2011)
  • Television appearance on Inside Business Report (aired in June 2011 on CNN,  Fox Business, Discovery, and Travel Channels)

Accolades

  • Recognized as a Recommended Attorney and Next Generation Lawyer in Legal 500 (2017)
  • Award of Excellence for Outstanding Contribution as a Respected Speaker by Guidance Software, CEIC conference (May 21, 2015)
  • Received Distinguished Speaker award from Guidance Software, 2013