Overview

Niloy Ray litigates critical eDiscovery and electronic evidence issues nationwide, in class/collective actions, trade-secret matters, and all other forms of employment litigation. He counsels clients on proportionately and cost-effectively complying with preservation obligations and data-harvesting needs, develops case strategies aimed at minimizing eDiscovery sideshows, designs complex ESI review/production methodologies using cutting-edge tools such as threading, clustering, multivariate search criteria and AI, and addresses trial issues including the admissibility and authentication of electronic evidence. An active litigator, he regularly handles hearings, depositions and motion practice on matters relating to eDiscovery, and also helps clients set upwith enterprise-wide eDiscovery and information-governance best practices and policies.

Niloy provides cross-functional advice to business, product, and HR client teams on the burgeoning use and regulation of artificial intelligence-driven tools and processes. In the AI context, he assists clients in creating and implementing AI development and use policies; in selecting, testing, and deploying AI tools across the employment lifecycle; and in navigating the compliance requirements and litigation risks of new and proposed AI regulations in the U.S. and abroad.

Finally, Niloy regularly advises clients on record-retention requirements and data-minimization objectives within the labor and employment space.

Before joining Littler, Niloy was at another multinational law firm, where his practice focused on commercial litigation in federal and state courts in complex tort, antitrust and contract matters. At that firm, he also regularly represented energy utilities in regulatory proceedings and related litigation, and conducted internal investigations for Fortune 500 and academic clients.

Prior to attending law school, Niloy spent several years coding, designing, and leading the development of supply chain software applications for Retek Inc., now part of Oracle.

Professional & Community Affiliations

Member

Sedona Conference Working Group 1

Chair

All-Sedona Diversity Committee

2017-present

Member

Relativity Advisory Board

Member

Federal Practice Committee (D. Minn.)

Member

Federal Bar Association, Minnesota Chapter

Member, Advisory Board

Annual Arizona State University-Arkfeld eDiscovery and Digital Evidence Conference, Sandra Day O'Connor College of Law

Co-Chair

Today’s General Counsel Institute Exchange eDiscovery Seminar

2012-2019

Member

EDRM

Recognition

Recipient, Wesley J. Fastiff Ingenuity Award

Littler

2020

News, Analysis & Press

The Global Guide Quarterly (Quarter 3, 2024)

Global Guide Quarterly

October 23, 2024

Achieving Alignment on AI

Chief Executive

Fall 2024

AI in Hiring In-House Lawyer Blind Spot, Survey Says

Bloomberg Law

September 24, 2024

Littler’s 2024 AI C-Suite Survey Report

Littler Report

September 24, 2024

The Littler Annual Employer Survey 2024

Littler Report

May 8, 2024

US firms expect little reprieve from enforcement this election year

International Employment Lawyer

May 8, 2024

If Humans Won’t Read Your Résumé, Should You Let the Robot?

The Wall Street Journal

February 20, 2024

Why HR is ‘taking its time’ to implement generative AI

Human Resources Executive

October 16, 2023

Companies find reasons to avoid generative AI for hiring

American City Business Journals

September 29, 2023

Most Employers Don't Screen AI Tools For Bias, Survey Says

Law360 Employment Authority

September 25, 2023

Littler AI in the Workplace Survey Report 2023

Littler Report

September 25, 2023

Why businesses need to be cautious about jumping into AI

American City Business Journals

August 29, 2023

Do's and Don'ts For A Bias-Free Approach To Hiring

Law360 Employment Authority

August 2, 2023

NYC's law on AI in recruitment takes effect

Human Resources Director

July 6, 2023

3 Tips For Using Tech In Equal Pay Compliance

Law360 Employment Authority

June 5, 2023

The Littler Annual Employer Survey 2023

Littler Report

May 10, 2023

In the Spotlight: 3 Factors to Consider When Employees Use Texts for Business

Minnesota Employment Law Newsletter

April 2016

In the Spotlight: Personal Data on Business Systems: The High Cost of Curiosity

Minnesota Employment Law Newsletter

HR Specialist

September 2015

Personal Data on Business Systems: The High Cost of Curiosity

Business Management Daily

August 30, 2015

A Litigator's Guide to Social Media Discovery in Civil Actions

The Legal Intelligencer

January 29, 2013

True Grit: Four Models to Rein in eDiscovery Costs

Law Technology News

January 30, 2012

Books & Book Chapters

  • District of Minnesota’s Electronic Discovery Guide, Contributing author, 2021
  • Littler Mendelson on Employment Law Class Actions, LexisNexis, 2nd Ed., Contributing author, 2012

Video

Executive Employer Session Spotlight - AI in HR: Staying Ahead of the Curve

Executive Employer Session Spotlight - AI in HR: Staying Ahead of the Curve

Speaking Engagements

2024 Puerto Rico Regional Employer Conference

San Juan, PR

November 15, 2024

2024 Littler AI Summit

Washington, DC

September 23, 2024

AI & U: The Gameshow Where Digital Dilemmas and Practical Advice Intersect

Littler Executive Employer Conference, Phoenix, AZ

May 9, 2024

Generative AI is Here: What is your organization doing with it?

The Institute for Workplace Equality: Artificial Intelligence and Employment Compliance Conference, Washington DC

November 14, 2023

What’s in a Wor(l)d? The Meaning of ‘Asian’

Littler All Affinity Group ‘Ohana

November 3, 2023

The Future of Legal Diversity Initiatives under Color-blind Constitutionalism

The Sedona Conference: Working Group 1 2023 Annual Meeting, Indianapolis, IN

October 26, 2023

A Pragmatic Playbook for In-house Counsel on AI Adoption in HR

ACC Annual Meeting, San Antonio, TX

October 24, 2023

2023 Houston Regional Employer Conference

Houston, TX

October 18, 2023

AI For Future-Ready Human Resources And Internal Communications: Advancing Workplace Intelligence

ALI Conferences

October 12, 2023

Ethical E-Discovery on Non-traditional Data Sources and Emerging Technology

Federal Bar Association-Minnesota CLE

September 27, 2023

2023 Littler AI Summit

Washington, DC

September 21, 2023

11th Annual Brewers Briefing

Milwaukee, WI

July 26, 2023

Ethically Competent Discovery of Zoom Meeting Recordings, Teams Chats, Slack, and Other Newer Data Sources

2023 Upper Midwest Employment Law Institute

May 18-19, 2023

Invisibility of Hate Crimes Against the Asian American Community

SABA Chicago Panel

May 16, 2023

With a Little Help from My Friends

Littler Executive Employer Panel

May 12, 2023

With a Little Help from My Friends – A Pragmatic Playbook for AI Adoption in HR

Littler Executive Employer Conference, Phoenix, AZ

May 11, 2023

Our Robot (HR) Overlords – Better than Mankind or Just as Biased?

2022 NAPABA Annual Conference

November 5, 2022

AI Pop-up Talk

2022 Midwest Regional Employer, Minneapolis, MN

November 3, 2022

2022 Midwest Regional Employer Conference

Minneapolis, MN

November 3, 2022

Session Two: The Current Legislative and Regulatory Framework Governing the Use of AI Tools in HR Decisions

October 13, 2022

AI – Staying Ahead of the Curve

2022 Houston Regional Employer, Houston, TX

October 6, 2022

2022 Houston Regional Employer Conference

Houston, TX

October 6, 2022

Littler AI Summit

Washington, DC

September 28, 2022

Where Do We Go From Here?

Littler AI Summit, Washington, DC

September 28, 2022

Why AI Matters

Littler AI Summit, Washington, DC

September 28, 2022

Session One: A Primer on AI Tools and Human Resource Decisions

August 18, 2022

Everything You Wanted to Know About e-Discovery (But Were Afraid to Ask)

2022 Littler Brewers Briefing Conference, Milwaukee, WI

July 27, 2022

10th Annual Brewers Briefing Labor & Employment Law Conference

Milwaukee, WI

July 27, 2022

Discovery in Complex Cases

MN Federal Bar Association MDL, Class and Mass Action Committee

May 9, 2022

AI in HR – Staying Ahead of the Curve

Littler Executive Employer Conference

May 5, 2022

California Privacy Rights Act - Steps To Take Now: Project Planning, Vendor Contracting, and Data Retention and Security

April 14, 2022

Best Practices for Rule 30(b)(6) Depositions

FBA-MN Annual Conference

November 18, 2021

Optimizing the Litigation Practice Through Innovation and Technology

Global Legal ConfEx Roundtable

November 10, 2021

eDiscovery Case Law Review

The Sedona Conference: 2021 Annual Meeting, eDiscovery Working Group

October 2021

Computer Knows Best? Leveraging Artificial Intelligence to Improve Post-Pandemic Workforce Equity and Diversity

Association of Corporate Counsel (ACC) Webcasts

September 29, 2021

The Future of Work: Post-Pandemic and Beyond

Littler Executive Employer Conference

May 14, 2021

Artificial Intelligence and Onboarding: Tools That Make Staffing Easier, or Legal Minefield?

ASA Staffing Law Virtual Conference

April 29, 2021

Moderator: Social, Technological, and Ethical Challenges of Electronic Evidence in Criminal Cases

The Sedona Conference Working Group 1 (Virtual) Annual Meeting 2020

October 28, 2020

Can You Keep a Secret? – Protecting Trade Secrets During the Pandemic

October 8, 2020

COVID-19 Employment Litigation & eDiscovery Challenges

ACEDS Central Texas Chapter Webinar

July 15, 2020

Data Security Best Practices Throughout the eDiscovery Process

Ninth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 12, 2020

ESI Protocols – What Are They Good For?

Ninth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 12, 2020

New Regulations & New Approaches: Latest Developments at the DOL

2019 Littler Midwest Employer Conference, Minneapolis, MN

October 3, 2019

eDiscovery Lessons from the Mueller Report

Driven, Inc. webinar

August 14, 2019

Privacy, Security & Information Governance: Navigating the eWorkplace

2019 Littler-Milwaukee Employer Conference, Milwaukee, WI

July 17, 2019

Emerging Technologies Reshaping the Law: Employment

Federal Bar Association-MN 45th Annual Federal Practice Seminar, Minneapolis, MN

June 20, 2019

“But I’ve Always Done It This Way”: Tips for More Effective Document Requests and Responses

Federal Bar Association-MN 45th Annual Federal Practice Seminar, Minneapolis, MN

June 20, 2019

Co-chair, Today’s General Counsel Institute

Chicago, IL

June 12-13, 2019

Digital Dangers: You Can't Handle the Truth!

2019 Littler Executive Employer, Phoenix, AZ

May 9, 2019

Diversity Awareness and its Unique Benefits to eDiscovery

Sedona Working Group 1 Mid-year Meeting, Charlotte, NC

April 2, 2019

Do You Know Where Your Documents Are? Or Who’s Touching Your Documents Today?

Eighth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 8, 2019

More than Meets the Eye: Spotting (and Exposing) Fabricated Evidence

Eighth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 7, 2019

Faculty Member, Sandpiper Partners

Innovation in E-Discovery Conference, Chicago, IL

February 27, 2019

Workplace Investigations: A Multidisciplinary Approach to Facing New Challenges, Refining Your Techniques and Managing Evidence

2018 Littler Midwest Employer Conference, Minneapolis, MN

November 8, 2018

Optimizing the Attorney-Client Relationship: In-house counsel discuss practical approaches and ethical considerations in handling eDiscovery

Sedona Working Group 1 2018 Annual Meeting, Los Angeles, CA

October 26, 2018

Co-Chair, The Exchange eDiscovery Forum

Today’s General Counsel Institute, San Francisco, CA

October 16-17, 2018

Co-Chair, The Exchange eDiscovery Forum

Today’s General Counsel Institute, Houston, TX

September 25-26, 2018

Data is Your Frenemy: Best Practices for Avoiding Data Pitfalls in Employment Litigation

Nevada Employer Conferences, Las Vegas and Reno

September 12-13, 2018

Data is Your Frenemy: Best Practices for Avoiding Data Pitfalls in Employment Litigation

2018 Littler Nevada Employer Conferences, Las Vegas and Reno, NV

September 11-12, 2018

Co-Chair, The Exchange eDiscovery Forum

Today’s General Counsel Institute, Chicago, IL

June 13-14, 2018

Application of the Amended Federal Discovery Rules – A Two-Part Discussion on Proportionality and Sanctions: Sessions 1 & 2

Clear Law Institute Webinars

May 30, 2018

IoT and Liability

Internet of Things Governance Workshop, Arizona State University, Phoenix, AZ

May 15, 2018

Search Tips and Tricks

7th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 7, 2018

Robotics, AI and the Internet of Things

7th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Phoenix, AZ

March 6, 2018

Discover Requests in Employment Litigation After Amended Rules 26(b) and 34(b)

Strafford Webinar

January 31, 2018

Big Data from Employees; Big Risk for Employers

Relativity Fest, Chicago, IL

October 25, 2017

Searching Basics for Attorneys

Relativity Fest, Chicago, IL

October 24, 2017

loT – Tomorrow's ESI

2017 Littler Ohio Employer Conference, Warrensville Heights, OH

October 19, 2017

Privacy & Litigation in the IoT World

Dish Network, Denver, IL

September 24, 2017

Lead Moderator, The Exchange eDiscovery Forum

Today’s General Counsel Institute, Chicago, IL

June 5-7, 2017

FRCP: Amendments to the Federal Rules of Civil Procedure

The Masters Conference, Chicago, IL

May 23, 2017

Changes to the Federal Rules of Civil Procedure

Twin Cities ARMA 2017 Spring Conference

April 6, 2017

Mock Hearing: Production Under the New Federal Rules

6th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference

March 9, 2017

What’s More Normal Than a Mobile Device?

6th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference

March 9, 2017

Managing the 21st Century Sales Force

Minneapolis, MN

February 16, 2017

Discovery Requests in Employment Litigation After Amended Rules 26(b) and 34(b): Propounding or Answering Requests

Strafford Publications, Inc. Webinar

January 31, 2017

Electronic Discovery Under the Amended Federal Rules of Civil Procedure

Minnesota CLE Webinar

December 7, 2016

A Dialog on Diversity and the Elimination of Bias in the Legal Profession

The Sedona Conference Working Group 1 Annual Meeting 2016

October 27, 2016

The Internet of Things: Tomorrow’s ESI

Colorado Association of Litigation Support Professionals 10th Annual e-Discovery Summit

October 7, 2016

Shift Left – A New Age of eDiscovery – Analytics and ECA

Electronic Documents and Records Management Webinar

June 30, 2016

Strategic Use of Objections and Responses Under New Rule 34

Today’s General Counsel Institute, Chicago, IL

June 14, 2016

Preservation in the Wake of New FRCP Amendments

Today’s General Counsel Institute, Chicago, IL

June 13, 2016

The Internet of Things

Masters Conference for Legal Professionals, Chicago, IL

May 24, 2016

Who Says TAR is Only for Litigation Giants

4th Annual University of Florida Law ERDM eDiscovery Conference

March 30, 2016

The Nitty-gritty of Selecting, Tuning, and Implementing Electronic Search Parameters and Protocols

5th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 10, 2016

Welcome to the eMachine: The Evolving Terrain of the Modern “eWorkplace”

5th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 10, 2016

Ethical Impacts of Technological (In)Competence

2015 Littler Midwest Employer Conference, Minneapolis, MN

October 29, 2015

Chutes and Ladders: Tips for Winning When Faced with Wage/Hour Challenges Under the FLSA

October 22, 2015

E-Discovery in Employment Litigation: Preparing for New FRCP Amendments

Strafford Publications, Inc. Webinar

July 22, 2015

Deriving Value from Discovery Data & Information Lifecycle Governance

Association of Corporate Counsel, Minneapolis, MN

June 18, 2015

Applying Analytics & Metrics in eDiscovery – Thought Leaders Roundtable

The Cowen Group, Minneapolis, MN

June 18, 2015

Social Media & eDiscovery: Playing to Win

American Law Institute Webinar

June 12, 2015

Social Media – The Next Wave of Digital Evidence for Organizations

Association of Certified E-Discovery Specialists (ACEDS) Webinar

May 13, 2015

Hot Topics and Trends in eDiscovery and Information Governance

2nd Annual eDiscovery Institute, Chicago-Kent College of Law

March 27, 2015

eWorkplaces: The Future and the Challenge

2nd Annual eDiscovery Institute, Chicago-Kent College of Law

March 27, 2015

When Form Trumps Substance

4th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 13, 2015

Life is a Highway

4th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 12, 2015

The “eWorkplace” and its Impact on eDiscovery

Today’s General Counsel Institute, Los Angeles, CA

December 9, 2014

The Practical Implications of the New Rule Amendments

Today’s General Counsel Institute, Los Angeles, CA

December 9, 2014

Developments in Search

Today’s General Counsel Institute, Los Angeles, CA

December 9, 2014

Hiring, Evaluating and Monitoring Employees in the Age of Social Media and Big Data

2014 Midwest Employer Conference

Littler Mendelson, Minneapolis, MN

November 6, 2014

In-House Ethics: E-Discovery, Information Security and Representation Issues

2014 Midwest Employer Conference

Littler Mendelson, Minneapolis, MN

November 6, 2014

E-Discovery for the Corporate Market

Today’s General Counsel, Seattle, WA

October 7-8, 2014

From Snapchat To Summary Judgment: Social Media Discovery Tools For The Modern Litigator

Littler Mendelson Webinar

July 25, 2014

BYOD-The Law, Risks, Policies, and Acquisition Tools

AccessData Webinar

July 2, 2014

Data Preservation in the Face of Evolving Rules

Chicago Symposium on Preservation Excellence (PREX) - LegalHoldPro, Chicago, IL

June 17, 2014

E-Discovery for the Corporate Market

Today’s General Counsel, Chicago, IL

June 10-11, 2014

Cloud Computing & Mobile Devices: How to be Prepared for Litigation

Masters Conference, Chicago, IL

May 28, 2014

E-Discovery Search Techniques and their Practical Applications

2014 Annual Conference - 7th Circuit Bar Association

May 11-13, 2014

Social Media Discovery Considerations

3rd Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 14, 2014

What We Have Here is a Failure to Communicate

3rd Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference - Sandra Day O’Connor College of Law, Tempe, AZ

March 13, 2014

Cooperation and Collaboration and Cost Control

E-Discovery for the Corporate Market Conference - Today’s General Counsel, Los Angeles, CA

December 12, 2013

Cooperation in Practice Section

10th Annual Advanced eDiscovery Institute - Georgetown Law, Washington DC

November 21, 2013

A Review of the Proposed FRCP Amendments

Driven Inc., Chicago, IL

November 20, 2013

Demystifying Technology Enhanced Review AKA Technology Assisted Review AKA Computer Assisted Review and the Predictive Coding Process

Chicago Association of Litigation Support Managers (CALSM), Chicago, IL

October 21, 2013

E-Discovery for the Corporate Market

Today’s General Counsel, Houston, TX

September 16-17, 2013

Your Changing Role in Managing the Legal Services Team of the Future

The Cowen Group, Chicago, IL

July 31, 2013

Using Social Media in Legal Investigations: Traversing the Ethical Minefield

CLE Presentation - Center for Competitive Management (C4CM)

July 16, 2013

An Analytical Primer: Assessing the Pros & Cons of Established & Emerging Review & Analysis Paradigms

San Diego eDiscovery Retreat (SDEDR)

July 1, 2013

E-Discovery for the Corporate Market

Executive Counsel Institute, Chicago, IL

June 11-12, 2013

Managing Disputes About the Discovery of Electronically Stored Information

Labor & Employment Law Committee - Chicago Bar Association

April 10, 2013

What We Have Here is a Failure to Communicate

2013 eDiscovery and Digital Evidence Conference, Arizona State University - Sandra Day O'Connor College of Law, Phoenix, AZ

March 13-15, 2013

Social Media Discovery Considerations

2013 eDiscovery and Digital Evidence Conference, Arizona State University - Sandra Day O'Connor College of Law, Phoenix, AZ

March 13-15, 2013

E-Discovery in Employment Litigation

Strafford Publications Inc. Webinar

January 9, 2013

eDiscovery Roundtable

Special Counsel

November 8, 2012

eDiscovery Service Delivery Models Roundtable

The Cowen Group, Chicago, IL

October 31, 2012

21st Century Considerations: Data-Security, Social Media and The Cloud

2012 Conference on E-Discovery for the Corporate Market - Executive Counsel Institute, Houston, TX

September 18-20, 2012

Search Technologies and Forward Thinking

2012 Conference on E-Discovery for the Corporate Market - Executive Counsel Institute, Houston, TX

September 18-20, 2012

Information Governance Trends & Issues Roundtable

The Cowen Group, Chicago, IL

August 8, 2012

Preservation and Collection of ESI

2012 eDiscovery and Digital Evidence Conference, Arizona State University - Sandra Day O'Connor College of Law, Phoenix, AZ

May 22-25, 2012

Education

  • J.D., University of Virginia School of Law, 2007
  • B.A., Macalester College, 1999with honors

Languages

  • Bangla/Bengali
  • Hindi

Bar Admission

Minnesota
Illinois

Courts

  • U.S. District Court, District of Minnesota
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, District of Colorado