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Kathryn C. Cole

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation, consumer class actions, and securities class actions, serving clients ranging from major pharmaceutical companies to closely held businesses. Katy brings a combination of courtroom advocacy, appellate experience in the U.S. Court of Appeals for the Second Circuit, and deep knowledge of eDiscovery strategy that allows her to manage high-stakes litigation from preservation through trial and appeal.

Katy is a Certified E-Discovery Specialist (CEDS) and a recognized authority on electronic discovery and data retention. She guides clients through every phase of the eDiscovery process, including identification, preservation, collection, review, and production of electronically stored information. She works closely with clients to develop defensible discovery plans and retention policies, implement technology assisted review platforms, and leverage analytics to reduce costs and risk. She is a founding member of and prolific contributor to Greenberg Traurig’s eDiscovery Watch blog, where she regularly addresses emerging issues such as generative AI in litigation, text message preservation, and spoliation.

Before entering private practice, Katy clerked for the Hon. Richard C. Wesley at both the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit. She has argued multiple appeals in the Second Circuit and the Second Department Appellate Division, and she has in-house experience through a secondment with a major technology company. Her understanding of both the courtroom and the corporate legal department gives her a practical perspective that informs her litigation strategy and client counseling.

Katy is actively involved in shaping civil practice in New York. She serves on the Office of Court Administration’s CPLR Advisory Committee and the New York State Advisory Committee on Civil Practice. She is a past president of the Eastern District of New York Chapter of the Federal Bar Association and a Fellow of The New York Bar Foundation. She has been listed in The Best Lawyers in America for Commercial Litigation and she received the Long Island Business News “Top 50 Women in Business” award in 2024.

As generative AI becomes more common in litigation workflows, courts are increasingly being asked to address how AI tools may be used with confidential discovery materials.

A recent decision from the District of Colorado provides insights into one court’s approach to generative AI in discovery. The ruling distinguishes between public consumer AI tools and enterprise…

This eDiscovery blog post below identifies general considerations that legal teams and vendors may find useful when thinking about data assessment and the preservation of chat threads in connection with a litigation hold.
Continue Reading Mastering the Chat Matrix: Technical E-Discovery Considerations for Collaborative Communications Platforms

In February, a federal judge in the Southern District of New York issued case-ending sanctions against an attorney who failed to “learn from his mistakes” and repeatedly submitted filings containing false, AI-generated citations to the court.…

Continue Reading Court Sanctions Highlight Potential Risks of Using Unchecked AI in Litigation

During the Generative AI and Litigation CLE Panel at the New York State Bar Association’s Annual Meeting, the panelists discussed whether AI “prompts” that are typically used to create output from generative AI are discoverable and whether all such prompts can be deemed privileged. The audience seemed surprised to learn that the short answers are…

Late last year, amendments to the Federal Rules of Civil Procedure took effect. The changes to Rules 26 and 16 focus on streamlining discovery, particularly regarding privilege and work product, by mandating that parties address these issues at the initial Rule 26(f) conference.…

Continue Reading Early Privilege Protocols: Navigating the 2025 Amendments to Federal Rules 26 and 16

In Sound Around, Inc. v. Moises Friedman, Magistrate Judge Katharine A. Parker addressed Rule 34 standards relating to the production of structured data from dynamic databases. Plaintiff filed a robust complaint alleging the defendants misappropriated confidential trade secret information, diverted corporate opportunities, used plaintiff’s trademarks and overall commercial image and appearance (i.e., trade dress) to market…

Hubbard v. Crow is a recent federal case highlighting complex issues at the intersection of technology and the law, particularly regarding the preservation and production of electronic evidence under Rule 37 of the Federal Rules of Civil Procedure.​

The case centered on a dispute over plaintiffs’ alleged failure to produce an unedited podcast recording, which…