Craig D. Cannon
Partner

1001 West Fourth Street, Winston-Salem, NC USA 27101

Overview

Craig D. Cannon is an experienced litigator who has represented a diverse range of clients, including numerous Fortune 500 corporations, middle-market businesses, and smaller companies. Throughout his career, he has worked on significant litigation and investigations in federal and state courts, before administrative and regulatory agencies, and in international settings, spanning a broad range of industries and legal issues.

Craig’s practice encompasses commercial litigation, intellectual property disputes, class actions, government investigations, regulatory proceedings, and cybersecurity matters. His work has involved antitrust, securities, patent infringement, trade secrets, insurance coverage, environmental enforcement, energy regulation, construction and engineering disputes, and matters arising under the Foreign Corrupt Practices Act. He has also been involved in multinational disputes requiring cross-border discovery, compliance with export controls, and the protection of sensitive information governed by ITAR and other regulatory requirements. In addition, Craig has advised financial institutions, insurance companies, private equity organizations, and law firms on dozens of cybersecurity incidents and data breaches, including related investigations and regulatory obligations.

Craig’s approach to litigation reflects his belief that effective representation requires sound legal judgment as well as an appreciation of each client’s business objectives, costs, and risks. Drawing on this perspective, he founded Kilpatrick’s award-winning LitSmart® E-Discovery Team to bring greater consistency, efficiency, and strategic oversight to discovery across the firm’s litigation practices. In addition to maintaining his own litigation practice, Craig leads the LitSmart® team, directs the implementation of firmwide discovery initiatives, and oversees its work on hundreds of litigation and investigation matters annually. His dual role helps ensure that the team’s practices, technology, and resources are informed by the practical demands of litigation and the needs of the firm’s clients.

Craig has held leadership positions with local, state, and national bar organizations, including the American Bar Association, North Carolina Bar Association, and North Carolina State Bar. He has also been actively involved in volunteering for, supporting and serving on boards for numerous civic, community, and educational institutions, including Old Salem Museums & Gardens, the Crockett Foundation, Triad Academy, Kaleideum, Wake Forest Baptist Medical Center, the University of North Carolina at Chapel Hill, the University of North Carolina School of the Arts, Davidson College, and Winston-Salem State University. In recognition of his commitment to bar leadership, pro bono representation, and community service, Craig has received numerous honors, including the American Bar Association’s Pro Bono Publico Award, the North Carolina Bar Association’s Charles F. Blanchard Award, and the Federal Emergency Management Agency’s Distinguished Service Award. His professional accomplishments have also been recognized by Super Lawyers, Business North Carolina, and North Carolina Lawyers Weekly.

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Experience

Served as lead discovery counsel for a national credit reporting agency in a putative Fair Credit Reporting Act class action lawsuit. As lead discovery counsel, led all data mapping and e-discovery efforts related to the identification, preservation, collection, processing and production of ESI from internal and cloud based data sources. In addition, implemented screening strategies designed to ensure that sensitive financial data sets were appropriately reviewed and produced in compliance with all applicable state and federal privacy standards.

Served as lead discovery counsel for a global leader in the design and manufacture of aerospace equipment and systems in responding to an extremely time-sensitive preliminary injunction. Under a deadline to produce documents in 12 days, assisted the client with the on-site identification and collection of electronic data from more than 25 custodians (both structured and unstructured data sets, including archived email) in three states over a period of four days. Processed more than 1.2 TBs of data, representing close to 2 million documents, and prepared for review. Managed the review of approximately 35,000 documents and successfully produced 100 GBs of data representing 27,000 documents by the court-imposed deadline.

Served or currently serving as lead discovery counsel for various Fortune 500 financial institutions, technology companies, specialty materials companies, and multinational conglomerates in complex DOJ and SEC investigation matters related to price fixing, collusion, theft of trade secrets, Foreign Corrupt Practices Act violations, internal accounting insufficiencies, and insider trading. As lead discovery counsel, provided comprehensive advice and guidance about applicable discovery standards and investigation response strategies. In addition, assisted in identifying, analyzing, reviewing, and producing voluminous data sets to the SEC and DOJ in compliance with applicable standards. Further, actively assisted with depositions, motion practice and oral argument.

Served as lead discovery counsel for a global chemical manufacturer in U.S. and international insurance coverage disputes related to a chemical plant interruption. As lead discovery counsel, assisted the manufacturer in identifying, preserving, collecting, processing, and producing voluminous electronically stored data sets (including both unstructured and structured data sets) from jurisdictions throughout the world, including the U.S., EU, and China. Provided advice and guidance to the manufacturer about applicable cross-border data transfer and data privacy standards. In addition, conducted all factual discovery in the U.S., EU and China.

Currently serving as lead discovery counsel for a global manufacturer involving the design and development of a bio-fuel construction project. As lead discovery counsel, assisted the client in identifying, preserving, collecting, processing, reviewing and producing voluminous electronically stored data sets (including both unstructured and structured data sets). In addition, conducted factual investigations and assisted the client in complying with all applicable discovery standards.

Currently serves as outside national discovery counsel for various firm clients (including numerous financial service clients). As national discovery counsel, provides strategic advice and guidance on all aspects of e-discovery, including litigation readiness/preparedness, data privacy, cross-border data transfer, technology assisted review, document review processes and procedures, data collection, data processing, data hosting, data production, vendor selection and evaluation, 26f agreements, 30b6 data and discovery related depositions, SARs, privilege screening, information governance strategies, defensible data deletion and data related books and records sections within M&A and divestiture agreements.

Currently serving as lead discovery counsel for a global financial services company in responding to a data breach. As lead discovery counsel, provided comprehensive advice and guidance to the client regarding strategy for compliance with applicable regulations. Over a period of weeks, organized and trained a team of 60 contract attorneys stationed on-site at the firm’s Review Center in Winston-Salem. Completed the review of approximately 1 TB of data representing more than 500,000 documents, including extensive redactions, in 45 days.

Served as lead discovery counsel for energy pipeline system in a FERC investigation regarding highly complex tariff issues. As lead discovery counsel, provided comprehensive advice and guidance to the client regarding strategy for compliance with applicable regulations and discovery orders. Successfully processed 550 GBs of data representing more than 2.6 million records. With the use of advanced analytics tools, narrowed data set needing review to 42,000 documents, saving the client over $200,000 in review costs. Completed review of approximately 42,000 records and prepared for production in 25 days.

Currently serving as lead discovery counsel for a state environmental agency and its assigned Department of Justice team in multiple complex enforcement actions involving the largest domestic electric utility. As lead discovery counsel, assisted the agency in identifying, preserving, collecting, processing and producing voluminous electronically stored data sets (including both unstructured and structured data sets). In addition, conducted factual investigations and assisted the agency in complying with all applicable case management and discovery orders.

In case for one of the world’s largest staffing agencies involving dozens of subsidiaries, advised client regarding potential difficulties associated with restoring backup tapes and developed strategy to minimize efforts and costs. Rather than restore several thousand daily backups in a fishing expedition, worked with client’s internal IT team to restore only the backup tapes that were most likely to contain relevant evidence based on initial review of a test case scenario, saving the clients several hundred thousand dollars in restoration costs alone. Further, organized, trained and supervised 25+ contract attorneys to complete review of more than 500,000 documents at the Firm’s onsite Review Center by the court-imposed deadline.

Currently serving as lead discovery counsel for a global action camera manufacturer in a complex design patent infringement matter related to a leading action camera. As lead discovery counsel, assisted the manufacturer in identifying, preserving, collecting, processing and producing voluminous electronically stored data sets (including both unstructured and structured data sets) from jurisdictions throughout the world, including the EU. In addition, provided advice and guidance to the manufacturer about applicable cross-border data transfer and data privacy standards. Further, managed and staffed multiple document review projects.

Served as lead discovery counsel for a national franchisor in a complex wage and hour class action matter. As lead discovery counsel, successfully assisted the franchisor in identifying and implementing an innovative technological solution that allowed for the efficient recovery of unstructured data from disaster recovery backup tapes, thereby saving the franchisor significant expense and allowing them to respond to pending discovery requests in a timely manner. Also led all efforts to identify, preserve, collect, process and produce voluminous unstructured and structured electronically stored data sets. In addition, actively assisted the franchisor with discovery related motions (e.g., motions for cost shifting), oral arguments and depositions.

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Insights

Financial Services

Education

ABA Stonier Graduate School of Banking, Wharton School, University of Pennsylvania Graduate (2011)

University of North Carolina at Chapel Hill, Kenan-Flagler Business School M.B.A. (2011) Beta Gamma Sigma; Order of the Old Well; Frank Porter Graham Honor Society

University of Iowa College of Law J.D. (2000) Recipient, Recent Alumni Award; Selected to conduct oral argument before a three judge panel of the U.S. Court of Appeals for the Eighth Circuit; Dean Mason Ladd American Inn of Court; Assisted in human rights matters

University of Iowa B.A. (1997) Recipient, Distinguished Alumni Award

Admissions

North Carolina

Court Admissions

Supreme Court of the United States

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of North Carolina

U.S. District Court for the Western District of North Carolina

Professional & Community Activities

American Bar Association, Disaster Legal Services Program, Former National Director; Special Committee on Disaster Response and Preparedness, Former Member; Hurricane Katrina Task Force, Former Member; Young Lawyers Division, Former District 9 Representative

Crockett Foundation, Board of Directors, Member

Georgetown Advanced e-Discovery Institute, Member

Kaleideum, Board of Directors, Former Member

Leadership Winston-Salem, Graduate

North Carolina Bar Association, Board of Governors, Former Member; Young Lawyers Division, Former Chair; Strategic Planning Committee, Former Member; Young Lawyer Initiatives Task Force, Former Member; 4All Committee, Former Member; CLE Committee, Former Member

North Carolina Board of Law Examiners, Character and Fitness Committee, Former Chair of 21st District Bar Candidate Interview Panel; Bar Examination Drafting Committee, Member of Drafting Panel

North Carolina State Bar, Authorized Practice Committee, Former Advisory Member; Legal Assistance for Military Personnel Committee, Former Member

Old Salem, Inc., Board of Trustees, Former Member

Sedona Conference, Member (Working Groups 1 and 6)

Triad Academy, Board of Trustees, Former Member

University of North Carolina School of the Arts Foundation, Board of Directors, Member

Wake Forest University School of Business, Mentor for MBA and MA Students

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