Records Management and E-Discovery

A business dispute that results in litigation is difficult enough. But all too often, news headlines spotlight companies damaged by e-mails or documents that unexpectedly surface or – even more costly – are wrongfully destroyed. Now, more than ever, businesses need well-planned, effective records management policies and procedures. New court rules, broadened statutes, and a wave of court-ordered sanctions have tightened the requirements – and the stakes – for every public and private company in America.

Mintz Levin has assembled a multidisciplinary team of attorneys, information technology professionals and paraprofessionals to help our clients meet these requirements – both as a business best practice and in specific litigation. We employ cutting-edge technology, custom-designed document management and review software, and strong relationships with vendors and third parties to support our clients in this critical function, and we regularly update clients on new developments through advisories and alerts.

Records Management

To date, Mintz Levin’s records management team has helped more than 40 companies draft and implement concise, user-friendly records management protocols. Our process starts with a short survey which our clients complete to help us address specific requirements. We then provide a budget, and an implementation timeline, to ensure that clients understand, and aren’t surprised by, the proposed investment and deadlines. Finally, we draft and explain a records management protocol tailored to each client’s business needs and corporate culture, to help ensure a smooth, sensible implementation.

Electronic Discovery

The litigation reaching court dockets today stems from disputes that have arisen in the age of e-mail and other electronic communications. Congress and the courts are drafting and amending rules and opinions concerning document review, non-disclosure agreements, waivers of privilege, and other questions specific to e-discovery.

Building on our experience as litigators, Mintz Levin’s e-discovery team consults with clients who are preparing for specific litigation. We provide these services in cases where Mintz Levin is handling the litigation, or as an independent consultant, advising in-house lawyers or other outside counsel. In both situations, Mintz Levin’s attorneys and dedicated IT professionals work with clients to tailor an effective and responsive process which encompasses extracting the appropriate documents, reviewing them for privilege and relevance, managing production, and responding to opposing counsel and the court in the event of a dispute. Our process is carefully tailored to each client’s specific needs, addressing and finding appropriate solutions to concerns about costs and resources.

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