Phil Yannella
Phil Yannella

Philip N. Yannella

Partner

yannellap@ballardspahr.com
Tel 215.864.8180
Fax 215.864.8999
Philadelphia

Philip N. Yannella is the Practice Leader of the firm's E-Discovery and Data Management Group. Mr. Yannella manages eDiscovery issues in high-profile litigation, counseling clients worldwide on data preservation, retrieval, and privacy matters. He has significant experience representing Fortune 500 companies on eDiscovery and data management issues in bet-the-company litigation, particularly in the pharmaceutical and health care industries. 

Mr. Yannella has served as the principal member of national discovery teams in large-scale litigation and has experience advising on cross-border data collection matters. He advises on litigation hold implementation, protocols for discovery coordination and management, vendor selection, and overall discovery strategy and litigation readiness. In addition, he represents clients in Rule 26(f) conferences and discovery hearings and has argued significant eDiscovery motions in federal and state courts.

Mr. Yannella handles discovery issues involving Food and Drug Administration regulatory submissions, clinical trial data, trade secrets, and the Stored Communications Act. He also is experienced in defending clients in the pharmaceutical, manufacturing, and health care industries in product liability, mass tort, and consumer fraud litigation, from pleadings through appeal.

Mr. Yannella has represented clients in all aspects of litigation, from successfully challenging class certification and consolidated issues trials through ultimate trial, arbitration, and appeal. He has represented numerous manufacturers in litigation involving latex gloves, motor oil, forklifts, blood products, tobacco, and pharmaceutical products.

Representative Matters

  • Represented a major pharmaceutical company in litigation concerning the confidentiality of clinical trail data
  • Represented a leading clinical laboratory in false claims actions initiated by attorneys general in several states
  • Obtained multiple summary judgment awards in favor of a major cigarette manufacturer in Pennsylvania state court
  • Served as a member of the team that created new Pennsylvania law by successfully arguing that the "heeding presumption" was inapplicable to consumer products voluntarily purchased and consumed
  • Served as lead counsel for a pharmaceutical device company in toxic tort class action claims arising from the alleged release of chemicals from its North Carolina facility
  • Served as a member of the trial team that successfully overturned "midnight" litigation passed by the Commonwealth of Pennsylvania, stripping the City of Philadelphia of certain powers
  • On behalf of an indigent former prisoner, argued a 1983 case before the Third Circuit resulting in the creation of new law for prisoner civil right claims; commended by Third Circuit for "zealous and able advocacy"

Judicial Clerkships

Hon. Marjorie O. Rendell, U.S. District Court for the Eastern District of Pennsylvania, 1996-1997

Professional Activities 

The Sedona Conference Institute
Member, International Data Privacy, eDiscovery, and Cross-Border Data Transfer Issues Working Groups

Defense Research Institute

Publications

"Bits and Bytes: What Forensic Analysis Can Reveal," The Legal Intelligencer, January 29, 2013

Co-author, "The Interplay Between FDA Approval and Discovery Rule," Law360, March 8, 2012

"Potential Taxation of E-Discovery Costs Could Alter Discovery Paradigm," The Legal Intelligencer, October 25, 2011

Co-author, "Eastern District of Pennsylvania Decision Permits Taxation of eDiscovery Costs," Ballard Spahr Alert, August 4, 2011

Co-author, "The Dawn of Internet Privacy?" Law360, April 22, 2011

Co-author, "E-Discovery: 'Pension Committee,' One Year Later," New York Law Journal, March 21, 2011

Co-author, "The Food Safety Modernization Act: A Review of the Act and Its Potential Impact on Private Litigation," BNA's Product Safety & Liability Reporter, January 31, 2011 

Co-author, "FDA's Draft Public Disclosure Proposals and Their Potential Impact on Product Liability Litigation," BNA's Toxics Law Reporter, July 29, 2010 

Co-author, "Canada, Australia, and United Kingdom Adopt U.S.-Style Electronic Discovery," Privacy & Data Security Law Journal, June 2009 

Co-author, "Decisions Up Stakes for Managing E-Discovery Cases," The Legal Intelligencer, July 30, 2008 

"Who Pays for eDiscovery?—Cost-Shifting Strategies," eDiscovery for Corporate Counsel, Chapter 24, Thomson-Reuters, July 2008 

"Backup Tapes in Mass Tort Litigation," National Law Journal, June 19, 2007 

"Trial Issues," Drug and Medical Device Product Liability Deskbook, Chapter 11, Law Journal Press, 2004 

"Stuck in the Web of Formalism: Why Reversing the Ninth Circuit's Ruling on The Pledge of Allegiance Won't Be So Easy," Temple Political & Civil Rights Law Review, Volume 12, Fall 2002

Speaking Engagements

"New Amendments to Pa. Rules of Civil Procedure On eDiscovery," Pennsylvania Bar Institute, August 8, 2012

"Ethics for Discovery 2012," Practising Law Institute, July 27, 2012

"eDiscovery & Social Media in Litigation: Practical, Legal & Ethical Issues," Camden County Bar Association, May 9, 2012

"Leveraging Predictive Coding To Focus on Litigation Strategy," Navigant Expert Insights webinar, February 8, 2012

"Data Security in the Cloud and its Implications on eDiscovery," IQPC's The 6th eDiscovery for Pharma, Biotech, and Medical Devices Industries Conference, Philadelphia, October 25, 2011

"Taxation of E-Discovery Costs Not Limited to High-Profile Cases, Says Big Firm Partner," Association of Certified E-Discovery Specialists Podcast Interview, August 17, 2011

"Ethics for E-Discovery 2010," Practising Law Institute, July 28, 2010

"Federal Rule of Evidence 502: The Changing Landscape of Discovery in the Electronic Age," Webcast by DRI's Product Liability Committee, June 3, 2010

"Data Security, Corporate Compliance and E-Discovery: Navigating the Data Morass," NJCCA's 7th Annual All-Day Conference, September 24, 2009

"Rule 502 and Its Impact on E-Discovery: Using the New Provisions to Reduce the Costs of Privilege Review Without Increasing the Risks of Waiver," ACI's E-Discovery and Document Management Conference, September 22, 2009

"Designing, Implementing, and Maintaining Document Management Policies that Survive Multi-Jurisdictional and International Discovery of Scientific E-Data," ACI's Document Management, E-Discovery, and Litigation Readiness Conference, April 1, 2008

"Responding to Electronic Discovery Requests and Preparing for Rule 26(f) Conferences," Association of Corporate Counsel's E-Discovery: Bridging the Gap between Legal and IT Seminar, July 9, 2007

"Document Retention and Disposal Management in an E-Discovery World," Ethisphere, October 15, 2006

Temple University James E. Beasley School of Law (J.D. 1997)
Member, Political and Civil Rights Law Review; Member, Temple Moot Court; Recipient, Trial Advocacy Program's Outstanding Advocate award

Temple University (B.A. 1991, summa cum laude)

New Jersey

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit