Darin M. Sands
Seattle/Portland
Shareholder
sandsd@lanepowell.com
503.778.2117
Twitter: @DarinSands
Areas of Practice
Darin Sands is a litigator whose practice focuses on data security, privacy, antitrust and the resolution
of other complex commercial disputes. Darin represents clients in a wide range of matters, including
data breach and privacy litigation, international antitrust investigations and litigation, class actions,
claims involving breach of contract and fiduciary duties, and counseling related to using technology
to more efficiently achieve legal objectives. Darin is licensed to practice in Oregon, Washington and
California, and works with clients in Lane Powell’s Portland and Seattle offices.
He currently represents numerous companies in ongoing data breach litigation and data breach
response preparation efforts. He also frequently counsels clients on privacy-related legal challenges.
In addition to his data security and privacy work, Darin represents two multinational Japanese
corporations in ongoing civil litigation pending in the Eastern District of Michigan related to alleged
price fixing in the auto parts industry. He previously represented a multinational Taiwanese company
in criminal and civil matters arising from allegations of an international price fixing cartel in the
market for LCD-LCD flat panel displays and cathode ray tubes.
Darin is the Co-chair of the Firm’s Privacy and Data Security Practice Group and Co-chair of the
Electronic Discovery, Technology and Strategy Practice Group. He is also a member of the Firm’s
Business Crisis Management and Emergency Remedies Practice Group and has significant experience
representing clients at the TRO and preliminary injunction stage of litigation.
He is a skilled project manager with a Yellow Belt certification in Legal Lean Sigma® and Project
Management.
In 2006 and 2007, Darin served as a Judicial Clerk to the Honorable Robert S. Lasnik of the Western
District of Washington.
Professional Experience
Gibson, Dunn & Crutcher, Associate (2007-2010)
Judicial Clerk for the Honorable Robert S. Lasnik, District Court Judge, Western District of Washington (2006-2007)
Heller Ehrman LLP, Associate (2004-2006)
Admitted to Practice
Oregon
Washington
California
Academics and Accreditations
Harvard Law School (J.D., 2004)
Harvard Journal of Law & Technology, Editor
Research and Teaching Assistant to Professor Laurence Tribe
Middlebury College (B.A., magna cum laude, 2000)
Legal Lean Sigma® and Project Management — Yellow Belt Certification
Practice Group and Specialty Team Memberships
Co-chair, Privacy and Data Security Practice Group
Antitrust and Trade Regulation
Co-chair, Electronic Discovery, Technology and Strategy Practice Group
Co-chair, Lane Powell Electronic Discovery Committee
Business Crisis Management and Emergency Remedies
Class Action Defense
Foreign Corrupt Practices Act, Bribery and International Anti-Corruption
Life, Health, Disability and ERISA
Litigation
Investigations and Regulatory Compliance
Lane Powell Recruiting/Summer Associate Committee
Representative Cases/Matters
Data Security and Privacy:
Co-counsel for large healthcare client in ongoing MDL data breach litigation
Counsel to one the largest privately held west coast companies in ongoing company-wide data security review and data breach response planning efforts
Counsel for regional retail company in ongoing data breach investigation and response
Counsel for national publishing and consumer product company in connection with data breach response effort
Advised national non-profit re response to potential data breach
Counseled agricultural equipment manufacturer regarding privacy considerations related to GPS and data gathering functionality in yet to be released product line
Advised numerous clients related to the creation and modification of privacy policies
Antitrust Litigation and Investigations:
Currently represents two multinational Japanese corporations in multidistrict class action litigation arising out of allegations of price fixing in the automotive parts industry
Defended the same multinational Japanese corporations in connection with related Department of Justice investigations
Represented Taiwanese corporation in connection with multidistrict class action litigation and international governmental investigations arising out of allegations of an international price fixing cartel in the TFT-LCD flat panel display industry
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Represented Taiwanese corporation in connection with multidistrict class action litigation and international governmental investigations arising out of allegations of an international price fixing cartel in the cathode ray tube industry
Represented international technology equipment company in connection with allegations that its patent-licensing practices violated U.S. antitrust law
Complex Litigation and Investigations:
Represented the management team of a food and beverage company in litigation over control of the company against the state of Oregon and private parties in a three-week trial held in Multnomah County Circuit Court
Won dismissal of claims against national collegiate sports organization in a dispute over its authority to enforce rules governing organization-sponsored events
Obtained favorable settlements in federal and state court on behalf of utility cooperative pursuing claims of fraud and breach of fiduciary duty against a former executive and related parties
Represented community health care organization in connection with an internal investigation and numerous high-profile state and local agency and law enforcement investigations
Obtained favorable settlement for a major international industrial equipment manufacturer in a multi-million dollar indemnification action in the San Francisco Superior Court
Represented national retailer in wage and hour class action litigation in federal and state courts in Oregon and California
Obtained dismissal of arbitration against a national health insurance company in connection with claims arising from the application of Medicare payment rules
Defended two national trucking companies in wage and hour class action litigation in state and federal courts in Oregon
Represented international bank in class action litigation in state and federal courts in Missouri
Represented medical device company in numerous product liability actions in state and federal courts
in Oregon
Successfully defended numerous clients in connection with allegations of breach of non-competition and confidentiality agreements in both federal and state courts, including numerous victories at the temporary restraining order and preliminary injunction stage
Pro Bono Litigation:
Obtained favorable settlement on behalf of a high school student and her mother in a federal lawsuit challenging a school district’s speech code under the First Amendment
Represented plaintiffs bringing a Fourteenth Amendment challenge to Washington state’s voting laws in King County Superior Court and the Washington Supreme Court
Reached favorable settlements in two pro bono § 1983 actions in federal court in Oregon
TV/Radio Interviews
“Trends in Data Breach Lawsuits,” Voice America Talk Radio Network’s Fear is Negotiable: Business Survival Skills 101 (February 11, 2014)
“Mother, Daughter Sue Scappoose School District Over Social Media Policy,” Interviewed by
OPB Radio (December 20, 2013)
“Scappoose Dancer Files Free Speech Law Suit: ACLU Backing Marissa Harper and her Mom,”
Interviewed by Koin Local 6 (December 18, 2013)
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Publications
“Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process,” Oregon Business magazine (April 2015)
“Q&A with E-Discovery and Data Protection Expert Darin Sands,” Recommind’s Mind Over Matters blog (December 2, 2014)
“Darin Sands: Pro Bono Spotlight,” Multnomah Bar Association’s Multnomah Lawyer, Quoted (June 2014)
“Plugging the Leak: Guidelines for a Data Breach Response Plan,” Oregon Business magazine (May 2014)
“Dance Team Rules Stifle Free Speech, Suit Says,” The Oregonian, Quoted (December 18, 2013)
“Health Care Fraud and Abuse,” Oregon State Bar’s Guide to Health Law in Oregon, Co-author (2013)
“Big Data Doesn’t Mean Big Litigation,” Oregon Business magazine, Co-author (June 2013)
“Mootness in the Class Action Context: Court-Created Exceptions to the ‘Case or Controversy’ Requirement of Article III,” 26 The Review of Litigation 77, Co-author (Winter 2007)
Speaking Engagements
“Cybersecurity for Corporate and Outside Counsel: Responding to Data Breaches to Minimize
Impact” Legaltech® West Coast, San Francisco, Panelist (June 13, 2016)
“Effectively Using Technology to Manage Risk in the Era of Big Data,” Washington Association of Corporate Counsel Technology Summit, Seattle, Moderator (June 1, 2016)
“IT Breaches and Crisis Management — The Board’s Role in Risk Oversight,” National Association of Corporate Directors Northwest Chapter Roundtable Discussion, Portland (May 4, 2016)
“E-Discovery, Social Media, the Internet of Things and Ethics,” Kroll Ontrack CLE, San Francisco, Co-presenter (March 9, 2016)
“What’s Going On In Data Security?” Chicago Booth Alumni Club of San Francisco, University of Chicago Alumni Law Society, and University of Chicago Military Affinity Group, San Francisco, Panelist (February 16, 2016)
“Combatting Cyber Threats to Business: Partnering with Law Enforcement,” Citizens Crime Commission Briefing, Portland, Panelist (October 28, 2015)
“Cyber Security: Recent Lessons Learned in the Field,” Association for Corporate Growth Seattle Chapter Meeting, Seattle, Panelist (October 14, 2015)
“Got The DIY Blues? When You Should Hire a Pro or Play the Pro,” International Legal Technology Association Conference, Las Vegas, Panelist (September 3, 2015)
“Managing e-Discovery in Federal Court,” Federal Bar Association Alaska Chapter Second Annual Alaska Federal Bar Conference, Anchorage, Co-presenter (August 21, 2015)
“Effectively Partnering With Outside Counsel in the Data Breach Planning Process,” SecureWorld Conference, Portland, Panelist (June 17, 2015)
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“Resolving the Transparency Paradox: The Practical and Efficient Use of Predictive Coding to Drive Down Litigation Costs,” NorCal eDiscovery & Information Governance Retreat, Napa, Panelist
(April 27, 2015)
“How Technology Is Changing the Rules of Complex Business Litigation,” Oregon State Bar Litigation Section meeting, Portland, Panelist (March 11, 2015)
“User-Centric Protocols for Advanced Use of Predictive Coding,” Legaltech® New York, New York, Co-presenter (February 4, 2015)
“Insider Threats FBI Briefing: How Safe Are Your Systems?” Citizens Crime Commission Conference, Portland, Panelist (January 15, 2015)
“Top 10 E-Discovery Cases of 2014,” Kroll Ontrack Webinar, national webcast, Co-presenter (December 17, 2014)
“Criminal Antitrust Enforcement,” Washington State Bar Association Annual Seminar, Seattle, Panelist (November 13, 2014)
“Guidelines Regarding the Use of Predictive Coding,” Law Technology News Webinar, national webcast, Co-presenter (September 30, 2014)
“E-Discovery Project Management,” Plugged-In Portland Event, Portland (June 20, 2014)
“Man v. Machine: Benefits and Perils of Automated E-Discovery,” American Bar Association’s Annual Antitrust Law Spring Meeting, Washington D.C., Panelist (March 26, 2014)
“Predictive Coding for the Rest of Us: How Does it Add Value in the E-Discovery Process?” Recommind CLE Seminar, national webcast, Panelist (December 5, 2013)
“E-Discovery in Oregon — Preservation of Evidence and Tips to Avoid Traps for the Unwary,” Oregon Association of Defense Counsel, Portland (November 8, 2012)
Awards
Named as an “Oregon Rising Star,” Super Lawyers® magazine, Business Litigation (2012-2016)
Professional and Community Activities
Participant, Portland Business Alliance’s Leadership Portland (2015-present)
Deputy Chair, Federal Bar Association Antitrust and Trade Regulation Section
Member, Executive Committee of the Oregon State Bar’s Constitutional Law Section
Member, International Association of Privacy Professionals
Member, The Sedona Conference Working Group on Data Security and Privacy Liability (WG 11)
Member, The Sedona Conference Working Group on Electronic Document Retention and Production (WG 1)
Former Member, Multnomah Bar Association, Court Liaison Committee
Member, Young Lawyers Committee, National Center for State Courts
Member, Oregon State Bar
Member, Federal Bar Association
Chair-Elect, Executive Committee of the Oregon State Bar’s Antitrust and Trade Regulation Section
Member, Board of Directors, Classroom Law Project
Member, Board of Directors, Citizens Crime Commission
Coach, Lincoln High School Constitution Team
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