Hon. Paul W. Grimm (Ret.) joins JAMS as a mediator, special master/referee and neutral evaluator after an illustrious 25-year career on the federal bench, first as a magistrate judge and most recently as a district court judge for the District of Maryland. He currently serves as the director of the Bolch Judicial Institute at Duke Law School, which seeks to improve the administration of justice and judicial independence through judicial education in the United States and internationally, as well as through its publications, seminars, programs and symposia.
Judge Grimm is a nationally recognized authority on electronic discovery and electronically stored information (ESI), as well as evidentiary issues involving digital media, including AI, and his landmark opinions have worked to advance the law with regard to ESI issues, including inadvertent disclosure, waiver of privilege, proper methods for search and retrieval, and the duty of counsel and parties to cooperate during pretrial discovery to reduce the cost and burden, as well as the admissibility, of digital evidence. He also has published extensively on the issues associated with digital evidence, AI as evidence and the potential impact of generative AI on the judicial system. He has taught courses, lectured and written extensively on topics relating to e-discovery, technology and law, civil procedure, discovery and evidence. In September 2009, he was appointed by Chief Justice John Roberts to serve as a member of the Advisory Committee for the Federal Rules of Civil Procedure, and he chaired the subcommittee on discovery until 2015. A sought-after speaker, Judge Grimm has presented at conferences and programs nationwide.
Known for his combination of compassion and practicality, Judge Grimm enjoys the challenge getting to the heart of complex disputes and seeks creative ways to efficiently achieve a just and cost-effective solution for the parties. His passion for resolution stems from the thousands of settlement conferences he conducted as a magistrate judge. Judge Grimm firmly believes that the lawyers and parties that appear before him should be treated with dignity and respect.
Prior to his time on the bench, Judge Grimm was in private practice in Baltimore for 13 years, handling a wide variety of commercial litigation, including construction, bankruptcy and insurance matters.
ADR Experience and Qualifications
- Handled over 1,000 settlement conferences during his time as a magistrate judge, assisting parties in reaching a resolution without trial
- Presided over all pretrial and trial phases associated with many forms of complex litigation, including securities, class action and injunctive relief, in wide variety of federal cases, including contracts, mass torts, intellectual property, construction, insurance coverage, medical malpractice, employment discrimination, Federal Tort Claims Act, civil rights, Administrative Procedure Act and motions to compel arbitration
- Extensive experience resolving discovery and evidentiary disputes; authored some of the most-cited cases on these topics; responsible for initiating changes that resulted in the adoption of Federal Rule of Evidence 502 and the new amendment to Federal Rule of Evidence 106; served on the Civil Rules Advisory Committee from 2009 to 2015; chaired the discovery subcommittee that was instrumental in drafting the 2015 amendments to the Federal Rules of Civil Procedure
Representative Matters
- Business Commercial
- Presided over numerous commercial litigation cases involving contract disputes, commercial torts and trade secrets claims (including TRO/injunction proceedings) in bench and jury trials
- Presided over a novel Foreign Sovereign Immunities Act case involving alleged breach of contract between a U.S. defense contractor and South Korea; plaintiff’s claim was dismissed following extensive briefing; dismissal affirmed
- Civil Rights
- V. v. Mnuchin, 570 F. Supp. 3d 322 (D. Md. 2021): Judge Grimm ruled that a group of children, who were U.S. citizens, and their parents, who were not, had standing to sue the Donald Trump administration over the denial of Coronavirus Aid, Relief, and Economic Security (CARES) Act benefits; Judge Grimm found that the court had proper subject matter jurisdiction over the plaintiffs' claims, the plaintiffs had standing to sue and the plaintiffs had adequately alleged an equal protection claim
- Presided over sophisticated TRO challenge brought to the 2020 census involving novel and complex arguments about the new digital format that the Census Bureau was proposing; this complex case had to be addressed on an expedited basis, and there was a substantial trial record, including highly technical expert reports; the TRO was denied, and the case did not proceed
- Presided over all pretrial, trial and post-trial proceedings associated with a complicated Bivens claim that raised many novel issues brought against the U.S. Park Police; the jury returned a compensatory and punitive damages award following trial; Judge Grimm’s denial of the motion to dismiss on the basis of qualified immunity was affirmed on interlocutory appeal and on post-trial appeal
- Presided over constitutional challenge brought by many news organizations to a law enacted by the Maryland Legislature designed to counter efforts by foreign nationals to manipulate Maryland elections; the law was enacted following the 2016 elections; the basis of the challenge was First Amendment violations; following extensive discovery and motions practice, Judge Grimm declared the statute unconstitutional; decision was affirmed on appeal
- Presided over numerous civil rights cases, including Section 1983 and state constitutional claims
- Class Action & Mass Tort
- Presided over a number of class action matters while on the bench
- Presided over a five-track, complex multidistrict litigation (MDL) regarding the second-largest data security breach class action ever filed; one track was settled; two were dismissed (dismissal affirmed); one track resulted in a partial class certification order, which was appealed; and the final track was ready for final discovery before trial
- Construction
- Presided over numerous construction, fidelity and surety cases in bench and jury trials (as well as extensive prior experience with these cases as a practitioner)
- Electronic Discovery
- Lorraine v. Markel American Ins. Co., 241 F.R.D. 534 (D. Md. 2007): In a case regarding insurance coverage for a damaged boat, Judge Grimm held that based on the Federal Rules of Evidence, official publications posted on government agency websites should be admitted into evidence easily; this decision set precedent in a previously unaddressed area of admissibility of digital evidence and is still extensively cited
- Hopson v. Mayor and City Council of Baltimore, 232 F.R.D. 228 (D. Md. 2005): Judge Grimm’s holding addressed protections against voluntary waiver of attorney-client privilegeor attorney work product due to inadvertent production of ESI in the discovery process; the subsequent enactment new Federal Rule of Evidence 502 was a direct result of this opinion, which the committee on evidence rules explicitly cited in the notes
- Victor Stanley, Inc. v. Creative Pipe, Inc., 250 F.R.D. 251 (D. Md. 2008): Judge Grimm established five factors to balance when deciding whether the privilege was waived: (1) the reasonableness of the precautions taken to prevent inadvertent disclosure; (2) the number of inadvertent disclosures; (3) the extent of the disclosures; (4) any delay in measures taken to rectify the disclosure; and (5) overriding interests in justice
- Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354 (D. Md. 2008): Judge Grimm’s opinion gives a detailed explanation of Federal Rule of Civil Procedure26(g) and an overview of the federal rules and other laws that require cooperation among parties in discovery
- Employment Law
- Presided over many employment-related cases, including Title VII, state law employment claims, ADA, AEDA, and wage and hour claims in both bench and jury trials
- Insurance
- Presided over many insurance coverage cases involving a wide variety of issues in both bench and jury trials (as well as extensive prior experience with these cases as a practitioner)
- Intellectual Property
- Presided over patent cases, copyright cases, trademark cases, antitrust cases, securities cases and derivative actions
- Presided over a complex patent infringement case involving potentially billions of dollars of damages; following discovery and extensive briefing, the infringement case was dismissed, and the dismissal was affirmed
- Presided over a complex antitrust counterclaim in a patent case; following substantial discovery and motions practice, the counterclaim was dismissed, and the dismissal was affirmed
- Personal Injury
- Presided over numerous cases involving personal injury and other torts, including negligence (personal injury), Federal Tort Claims Act, fraud/misrepresentation, defamation and intentional infliction of emotional distress; experience with both individual cases and class actions
- Professional Liability
- Presided over (and handled as a practitioner) numerous professional liability cases, including medical malpractice, attorney malpractice, design professional malpractice, accountant malpractice and D&O liability
Honors, Memberships, and Professional Activities
Memberships and Affiliations
- Member (appointed by Chief Justice John G. Roberts Jr.), Advisory Committee for the Federal Rules of Civil Procedure, 2009–2015
- Chair, subcommittee on discovery, 2009-2015
- Elected Member, American Law Institute, 2017–2023
- Fellow, American Bar Association
Academia
- Professor, Duke University School of Law, 2023
- Adjunct Professor, University of Maryland School of Law, 1997–2021
- Adjunct Professor, University of Baltimore School of Law, 1997–2021
Selected Awards and Honors
- Outstanding Adjunct Faculty Member of the Year, University of Maryland School of Law, 2002, 2006, 2013
- Maryland Leadership in Law Award, Daily Record, 2004
- Professional Legal Excellence Award for the Advancement of Professional Competence, Maryland Bar Foundation, 2001
- Distinguished Service Award, Maryland Institute for Continuing Professional Education of Lawyers, 1998
- Several military awards, including the Parachutist Badge, Meritorious Service Medal, Army Commendation Medal and Army Achievement Medal; retired from the U.S. Army as a lieutenant colonel, Judge Advocate General’s Corps
Selected Presentations
- Moderator, “A View from the Bench: Judges' Thoughts on Lawyers Responsibilities in the Tech-Influenced Profession,” Technology Law and Policy Center Annual Law and Technology Summit, North Carolina Central University, October 2023
- Panelist, “Artificial Intelligence and the Courts,” Scientific Evidence and the Courts Conference, American Association for the Advancement of Science, September 2023
- Panelist, “Balancing the Letter of the Ethical Rules with a Spirit of Professionalism,” 81st Judicial Conference of the Fourth Circuit, July 2023
- Keynote Speaker on the 14th Amendment, Law Day Breakfast, Baltimore County Bar Association, 2017
- Keynote Speaker, “Restoring Public Confidence in the Judiciary,” Lawyers for Civil Justice Conference, 2023,
- Keynote Speaker, “Restoring Public Confidence in the Judiciary,” Utah State Bar Association Fall Meeting, 2023
Selected Publications
- Books:
- Discovery Problems and Their Solutions (with Charles F. Fax and Paul Mark Sanders), ABA 2020 (4th Ed.)
- Maryland Discovery Problems and Their Solutions (with Charles F. Fax and Paul Mark Sanders), MSBA 2020 (2d Ed.)
- Articles:
- “The GPT Judge: Justice in a Generative AI World” (with Maura R. Grossman, Daniel G. Brown, and Molly (Yiming) Xu), 23 Duke Law and Technology Review, 2023
- “AI as Evidence” (with Maura R. Grossman and Gordon Cormack), 19 Northwestern J. of Tech. and Intel. Prop., 9-106 (2021)
- “Authenticating Digital Evidence” (with Daniel Capra and Gregory Joseph), 69 Baylor L. Rev., 1-35 (2017)
- “Are We Insane? The Quest for Proportionality in The Federal Rules of Civil Procedure,” 36 Rev. of Lit., 117-192 (2017)
Background and Education
- Director, Bolch Judicial Institute, Duke Law School, 2023
- Judge, U.S. District Court, District of Maryland, 2012–2022
- Senior Judge, 2022
- U.S. District Court, District of Maryland, 1997–2012
- Chief Magistrate Judge, 2006–2012
- Magistrate Judge, 1997–2006
- Niles Barton & Wilmer LLP
- Partner, 1990–1997
- Associate, 1984–1988
- Partner, Jordan Coyne Savits & Lopata, 1988–1990
- Assistant Attorney General, State of Maryland, 1981–1984
- Assistant State’s Attorney, Baltimore County, Maryland, 1980–1981
- Lieutenant Colonel, U.S. Army Reserve, 1979–2001
- Captain, U.S. Army Judge Advocate General’s Corps, 1973–1979
- LL.M. (Master of Judicial Studies), Duke University, 2016
- J.D., magna cum laude, University of New Mexico School of Law, 1976
- Order of the Coif
- Law Review
- A.B., summa cum laude, Phi Beta Kappa, University of California, Davis, 1973
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“Judge Grimm is a highly intelligent and hard-working individual capable of understanding the most complex legal, business, and scientific concepts. He is one of the most knowledgeable individuals in the country – judge or advocate – on the rules of evidence. Not only does he quote and apply the rules meticulously, but he understands why each rule exists and how the application of the rules to a particular dispute will shape its resolution. Judge Grimm is always meticulously prepared, practical, and efficient. He considers all facts carefully before making decisions and he writes thoughtfully, concisely, and clearly. A party before Judge Grimm may not get the result the party wants; however, that party will always get fair treatment and a result that follows the law and common sense. Judge Grimm is an observer of people and understands the behavior of individuals involved in legal disputes. These qualities are invaluable in resolving those disputes, as shown by his success in settling cases while he was on the bench.”
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“Judge Grimm was an outstanding judge—completely committed to whatever case was before him. If you are looking for a mediator who will do whatever has to be done to resolve a case, Judge Grimm is your choice. He was able to resolve the two most contentious cases I have ever been involved in during my 30-plus years of practicing law. I have been before a number of excellent mediators, and I can confidently say that these two cases would not have been resolved without Judge Grimm’s skill set.”
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“Judge Grimm’s goal every day as a judge was to make sure that litigants, counsel, and witnesses were treated fairly and with respect, and to make sure that the interests of justice were well-served. As a magistrate judge, he was incredibly effective at bringing the parties to the table and crafting a resolution that suited both sides. As a district court judge, he took pains to ensure that the attorneys abided by the rules of discovery and civility, and that all parties and witnesses were accorded the proper respect befitting a federal courtroom. Counsel and parties alike can do no better than to have Judge Grimm serve as either a mediator or arbitrator of their dispute. No one will be more prepared to hear the matter than Judge Grimm, and no one will understand the law better – and then apply the facts of the case to that law – than will Judge Grimm. I wholeheartedly endorse Judge Grimm to those who are looking for a skilled mediator to tackle a complex commercial law dispute, and to those seeking a fair and impartial arbitrator to listen to the parties as they present their side of the story. The decision they receive will be fair, reasoned, and unbiased. And no one could ask for more.“
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“Judge Grimm is one of the smartest and hardworking jurists you will ever encounter, and constantly on the forefront of legal developments as they relate to evidence and technology. One of his greatest attributes is his judicial temperament: one of my partners who has tried over a hundred cases in his decades-long career said Judge Grimm was the best trial judge he had ever experienced – and he lost the case! Judge Grimm also has an uncanny ability to resolve high-stakes controversies: as an example, he was the primary drafter of the 2015 Amendments to Fed.R.Civ.P. 37(e), that not only offered a solution to 10+ years of contentious disputes among the bar, but also brought together high-ranking members of the Advisory Committee for the Federal Rules of Civil Procedure – including many other federal judges – who themselves held divergent views on the issue.”
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“Judge Grimm is practical, fair, an innovative problem-solver, and brilliant. He is a quick study in even the most complex matters. He treats plaintiffs and defendants, large companies and individuals, in an even-handed manner. He is compassionate and always listens to each person. Then, he applies the law as it was intended to be applied. He has litigated and adjudicated cases from the smallest to the largest, and in almost every area of the law. When it comes to discovery issues, including e-discovery and artificial intelligence, his knowledge and experience is unparalleled. In the District of Maryland, Magistrate Judges serve as mediators in almost every case. Judge Grimm has likely mediated hundreds of cases. His qualifications are of the highest order.”
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"When I select a mediator, I want someone who is knowledgeable, fair and compassionate. Judge Grimm is all of these and much more. I have known him for over (40) years and know no lawyer or judge who has been as brilliant, worked harder, and been fairer than he. His breadth of knowledge and broad experience is second to none. I would not hesitate to use him in any case as his ability to analyze, understand, and explain complex legal issues has been a hall mark of his career. He has a wonderful temperament and any litigant appearing before him will receive the respect and patience their case deserves. Judge Grimm has earned his reputation for being one of the most respected and brilliant Judges on the Maryland Federal Bench which is why both his record, reputation and abilities are unmatched."
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