David K. Gaston serves as Assistant General Counsel and Chief of the E-Litigation Branch at the National Labor Relations Board (NLRB). In his role as the Agency’s Lead Technology Counsel, David leads the NLRB in the development and execution of information policy and ESI-related litigation strategy. Prior to this role, David was an Attorney-Advisor at the United States Department of Agriculture in Washington, DC. His practice areas primarily relate to information governance, civil litigation, e-discovery, digital investigations, privacy, and the Freedom of Information Act. Before his government service, David was the Director of Waters Edge Consulting, a consulting firm focused on information governance and security. He is co-author of the Discovering the Digital Record -- The Questions for Examination (2008), an e-discovery reference volume.

Publications:- Contributing Editor: The Sedona Conference Commentary on Ephemeral Messaging (2021, Working Group 6)Brainstorming Group and Drafting Team. -2020 - Working Group 1: Internet of Things PublicationBrainstorming Group

Served as Trial Counsel for USDA on Appellate/Supreme Court FOIA litigation. Examined witnesses and delivered arguments in District Court as part of Trial Counsel team; case granted certiorari by the US Supreme Court in January 2019 and decided favorably in June 2019 (6 affirmed - 3 concurring in part).Trial preparation included witness preparation, drafting of trial documents, coordination with Agency senior representatives, and strategic planning with Agency, DOJ, and White House policy/legal components. Work accomplished in conjunction with regular USDA Attorney Advisor responsibilities. SAUSA appointment expired May 2017, continued work with DOJ Solicitor General’s office until decision.

David Gaston is an Attorney Advisor at the United States Department of Agriculture in Washington, DC. Mr. Gaston serves the Department in the development and execution of e-discovery strategy and information policy. His practice areas primarily relate to e-discovery, information governance, civil litigation, and the Freedom of Information Act. Prior to joining the USDA, David was the Director of Waters Edge Consulting, a consulting firm focused on information governance and security. He is co-author of the Discovering the Digital Record -- The Questions for Examination (2008), an e-discovery reference volume.David received his B.A. degrees (both, magna cum laude) from the University of Georgia. He received his J.D. from Harvard Law School.

Former consultant at Waters Edge Consulting, LLC. Combined a practical expertise of technology with my legal training and experience to consult on issues of Information Security and Governance.

Corporate, Technology

Created and submitted comprehensive report on strategies to “Close the Gap” in Georgia public education.