Nicole Marie Gill

Chair and Managing Member, CODISCOVR

Chair and Managing Member of the firm’s eDiscovery practice, Nicole works with attorneys and clients firmwide to develop efficient and effective discovery management strategies tailored to the case at hand. Leveraging advanced technologies and analytics, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many jurisdictions, both domestic and foreign. 

Nicole participates in 26(f) conferences; negotiates agreements and stipulations establishing parties’ obligations with respect to preserving, searching, and producing electronically stored information (ESI); directs use of artificial intelligence (AI) in discovery; and negotiates technology assisted review (TAR) and predictive coding protocols. She also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications and develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM).

Additionally, Nicole is involved in discovery-related motion practice, including the drafting of affidavits in support of cost-shifting. She also implements quality control procedures to mitigate risk and counsels both clients and colleagues on issues related to eDiscovery, information governance, and data management. 

Nicole is a member of the Sedona Conference and is currently part of the WG6 Drafting Committee focused on exploring data privacy issues related to the Exportation of Data from the People’s Republic of China. The leading think tank on eDiscovery law and practice, the Sedona Conference’s commentaries are regularly cited by judges and significantly influence the development of rules of evidence and civil procedure for federal and state courts. Nicole is also a member of the Philadelphia Chapter of Women in eDiscovery, serves as Vice Chair of the Philadelphia Bar Association's Wellness and Quality of Life committee, and is on the firm’s Women’s Initiative Executive Committee.

Prior to joining the firm, Nicole was an associate attorney at the Philadelphia office of a Northeast-based law firm where she defended health care providers and companies in malpractice and negligence actions. She was also a judicial intern for the Honorable Marjorie Rendell, U.S. Third Circuit Court of Appeals, and a summer law clerk for the Honorable Juan Sánchez.  Nicole has written articles appearing in The Legal Intelligencer, Bloomberg Law, The Journal of the American Osteopathic Association, The Pennsylvania Bar Association Quarterly, and the World Association for Medical Law’s Medicine and Law Journal.

News

Cozen O’Connor Promotes 23 Attorneys to Member

March 15, 2024

“This is a group of terrific lawyers across many offices and practices areas and we look forward to following their achievements,” said Executive Chairman and Chief Executive Officer Michael J. Heller.

CODISCOVR Promotes Nicole Marie Gill to Chair and Managing Member

February 26, 2024

CODISCOVR, an ancillary business of Cozen O’Connor that handles all aspects of eDiscovery and information governance, promoted Nicole Marie Gill to managing member and chair. Gill is the first woman to lead this group. She previously served as vice-chair of CODISCOVR and has extensive experience managing complex and high-profile eDiscovery projects.

Nicole Gill Selected to Participate on Sedona Conference Working Group

July 18, 2023

Previously part of a brainstorming group, Gill will now be part of the drafting team to develop commentary on the topic of Exporting Data from the People’s Republic of China.

Diverging ‘Possession, Custody or Control’ Tests Impact E-Discovery Outcomes. But Is a Uniform Standard Feasible? [Legaltech News]

May 05, 2023

Nicole Gill recently contributed to an article for Legaltech News on how diverging possession, custody, or control tests impact eDiscovery outcomes.

Nicole Gill Selected to Join The Sedona Conference Working Group Series 6 Brainstorming Group

November 16, 2022

Nicole Gill, an attorney with CODISCOVR, has been selected to join The Sedona Conference Working Group Series 6 Brainstorming Group (WG6) on the Data Security Law and Personal Information Protection Law in the People’s Republic of China.

Sedona Conference’s 2022 eDiscovery Negotiation Training

April 05, 2022

Joe Tate, as a faculty member, and Nicole Marie Gill, as a participant, attended the Sedona Conference’s 2022 eDiscovery Negotiation Training.

Publications

Clawback Orders Can Prevent Fighting Tooth and Claw Over Discovery - Case Law Update [eDiscovery Alert]

February 07, 2024

Nicole Gill discussed a recent case involving an administrative summons issued by the IRS, a federal court denied the respondent’s request for a clawback order under Rule 502(d) of the Federal Rules of Civil Procedure.

Yours, Mine, or Ours? Can Employees Claim Privilege over Employer-Issued Email Accounts? - Case Law Update [eDiscovery Alert]

January 24, 2024

Joe Tate and Nicole Gill discussed how an employee found out the hard way that utilizing her work email account to communicate with her personal attorney was a risky choice, after the court considering her employment discrimination claims found that any privilege related to such communications had been waived.

Know Thyself (And Thy Own Discovery Obligations) -- A Case Law Update [eDiscovery Alert]

January 03, 2024

Joe Tate and Nicole Gill discussed how a recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian.

Even Judges Get Fed Up at Some Point – Case Law Update [eDiscovery Alert]

December 08, 2023

Joe Tate and Nicole Gill discussed how the judge in an employment case against the New York Fed grants in part and denies in part a motion for discovery sanctions after finding the plaintiffs’ repeated discovery failures constituted intentional bad faith and wasted court time and resources.

Should Personal Cell Phones be off the eDiscovery Radar? – Case Law Update [eDiscovery Alert]

November 29, 2023

Joe Tate and Nicole Gill discussed how in a trade secret case, a federal district court orders the imaging of employees’ work laptops, but not their personal cellphones.

Speak for Yourself! – A Case Law Update [eDiscovery Alert]

November 07, 2023

Joe Tate and Nicole Gill discussed how, in the case MC Trilogy Texas, LLC v. City of Heath, Texas, a federal court rejected the plaintiff's attempt to challenge subpoenas served on non-parties by the defendant.

When Phone-y Evidence Leads to Case Terminating Sanctions [eDiscovery Alert]

October 24, 2023

Joe Tate and Nicole Gill elaborate on a district court’s decision to terminate a case and impose attorney fees and costs as sanctions for the plaintiff’s fabrication and spoliation of evidence.

Impossibility Is Not a Ticket Out of ESI Protocol Compliance [eDiscovery Alert]

October 11, 2023

Joe Tate and Nicole Gill elaborate on a case in which Stubhub was chastised for agreeing to an ESI protocol, failing to produce documents according to the terms of the protocol, and then arguing that compliance with the protocol was impossible.

Spoliation Argument Gets Frosty Reception from Court Absent Intent [eDiscovery Alert]

September 21, 2023

Joe Tate and Nicole Gill elaborate on a Maryland court’s decision to deny a plaintiff’s motion for spoliation sanctions, finding that he did not meet his burden of demonstrating that the defendants had an “intent to deprive” him of lost data.

I Never Met-a-data I Didn’t Want to Collect [eDiscovery Alert]

September 12, 2023

Joe Tate and Nicole Gill discuss a recent case before the U.S. District Court for the District of Vermont, in which the court largely rejected the defendants’ arguments to avoid supplementation to their discovery production, and granted in part the plaintiff’s motions to compel.

Attorneys Must be in the eDiscovery Driver’s Seat [eDiscovery Alert]

August 25, 2023

Joe Tate and Nicole Gill detail a recent word of caution from a federal court considering a products liability case, specifically warning that attorneys may not rely on custodial self-collections and must instead test the accuracy of their clients’ discovery efforts.

This Director’s Emails are Out of Control [eDiscovery Alert]

August 09, 2023

Joe Tate and Nicole Gill share a federal court’s recent decision on a party’s request for access to the personal email account of the opposing party’s Director of Operations – the court found that the requesting party failed to meet its burden of establishing that the account was in the opposition’s “control.”

AI Is Not Just eDiscovery’s Future — It’s Also Its Past [eDiscovery Alert]

July 24, 2023

Joe Tate and Nicole Gill explain why lawyers can and should embrace generative AI technology for use in the eDiscovery context, utilizing a trust-but-verify approach — just as we have done for other AI technologies.

A Relevant Decision Regarding Relevancy Redactions [eDiscovery Alert]

June 28, 2023

Joe Tate and Nicole Gill share a recent contract dispute where the court held that relevancy redactions were allowable even though a protective order was in place.

Things Get Spicy When McCormick Attempts Document Dump in Contract Dispute [eDiscovery Alert]

June 13, 2023

Joe Tate and Nicole Gill offer perspective on a recent decision that found a party was required to review documents for relevance before producing them.

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone [eDiscovery Alert]

May 31, 2023

Joe Tate and Nicole Gill discuss a recent decision declining to find the requisite “intent to deprive” when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken measures to back up its contents, despite initiating litigation almost a year prior to the theft.

An Agent’s Emails are Within a Golfer’s Control: No Ifs, Ands, or Putts About It [eDiscovery Alert]

May 11, 2023

Joe Tate and Nicole Gill offer insight on a recent decision regarding possession, custody, or control in a case between PGA, Inc., and professional golfers.

Possession, Custody, and Control in the Era of eDiscovery [The Legal Intelligencer]

March 03, 2023

Joseph Tate and Nicole Gill published an article to The Legal Intelligencer discussing the question of whether specific ESI is in the "possession, custody or control" of a party, a topic that remains unsettled and subject to debate.

How Information Governance Impacts the E-Discovery Process

February 04, 2022

Joseph Tate and Nicole Gill published an article to The Legal Intelligencer discussing how as the e-discovery lifecycle has matured, information governance has taken on a more prominent and important role as the foundational stage of the process.

Technological Solutions for E-Discovery Professionals [Bloomberg Law]

December 08, 2021

Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for e-discovery professionals when working remotely.

Events & Seminars

Upcoming Events

2024 Construction Super Conference

December 09, 2024 - Las Vegas, NV

Cozen O’Connor is sponsoring the 2024 Construction Super Conference at The Cosmopolitan in Las Vegas, Nevada.

Past Events

Women, Influence & Power in Law 2024

September 23, 2024 - Chicago, IL

NAWL 2024 Annual Meeting

July 24, 2024 - Chicago, IL

Litigation Holds Without a Vendor

April 23, 2024 - Webinar

Exporting Data from the People's Republic of China 2024

January 10, 2024 - Brussels, Belgium

2023 Association of Corporate Counsel Annual Meeting

October 23, 2023 - San Antonio, TX

Education

  • Temple University—James E. Beasley School of Law, J.D., summa cum laude, 2015
  • Villanova University, M.A., 2005
  • Villanova University, B.A., magna cum laude, 2002
  • Pennsylvania
  • New Jersey
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania

The Sedona Conference Working Group on International Electronic Information Management, Discovery and Disclosure (WG6), 2022