Information Management and Electronic Discovery
Frost Brown Todd’s Information Management and e-Discovery (IMeD) Group meets the challenges of modern information management through proactive legal advice on matters of policy, procedure, transaction due diligence and discovery in litigation. Our attorneys advise a wide range of clients on the development, implementation and compliance with legally sound records retention and secure disposal polices.
We also perform high-volume document review for relevance, privilege or confidentiality issues in connection with litigation discovery, transaction due diligence or regulatory compliance. The work can be high-volume depending upon the nature of the transaction or proceeding.
We are in the forefront of both records information management and electronic discovery practices, which add to our ability to handle transactional and litigation review and analysis work more efficiently. We have had significant court experience in both defending our own electronic discovery practices and pursuing electronic abuse by other parties. We also are leading discussions of emerging areas of records information management through participation in the Generally Accepted Recordkeeping Principles project of ARMA International.
The Challenge: Every Employee a Warehouse
A generation into the personal computer era, electronic communications have placed a warehouse of information in the hands of each employee. The challenge, particularly in heavily-regulated or litigious industries, is to control the time and costs of identifying and retrieving relevant information from these portable warehouses. FBT works with clients to meet these challenges through front-end solutions to control creation and management of records and then with cost-effective teamwork to identify and analyze relevant information when necessary for due diligence, litigation or other proceedings.
Records and Information Management and Compliance
The IMeD Group designs and implements records management programs to assure compliance with clients’ specific legal and business conditions. Literally hundreds of possibly applicable legal retention periods and scores of legal requirements or business conditions affect how information should be retained. So a records management program must be tailored to a client's particular needs. During the last year alone, the IMeD Group has counseled clients in the insurance, banking, publishing, nonprofit, food and beverage, health care, manufacturing sectors and accounting sectors.
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The Due Diligence Solution: Dedicated Precision in Confidential Review of Privileged or Sensitive Materials
Beyond the ordinary course of business, both transactions and special inquiries require rapid, precise review of privileged or other sensitive records to promote strategic business decisions and pass regulatory muster. FBT’s experience encompasses multi-billion dollar financings mergers and acquisitions, internal investigations and informal dispute resolution proceedings. Instead of relying upon ad hoc groups of associates or paralegals, FBT has a dedicated group of staff attorneys and paralegals who specialize in high-volume review of privileged or other sensitive materials.
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The Litigation Solution: Controlling Document Review Costs
When matters proceed from business to litigation or other proceedings, FBT has more than 20 years’ experience in the use of staff attorneys and paralegals to minimize the costs of document review. Most of FBT’s staff attorneys and paralegals have young children, aging parents or other family circumstances that require more time and attention than a traditional legal position will accommodate. In exchange for more flexible schedules, FBT is able to charge significantly less than standard hourly rates for their services.
Even in the best records management programs, most of the “possibly relevant” information is likely to be insignificant to resolving the specific issues in dispute. By using staff attorneys and paralegals for preliminary document review, FBT’s review group funnels the most relevant information to the litigation team or other decision-makers for significantly less than standard hourly rates.
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Representative Experience
Press Releases
Publications
- Indiana and Ohio Amend Civil Rules for Electronic Discovery; Tennessee Begins Process
- Ask the Legal Professional: As a business that extends credit to its customers, do I need to be concerned about the new federal “Red Flag” Identity Theft Rules?
- FTC “Dumpster Diving” Nets $50,000 Fine for Alleged Failure to Shred or Burn Consumer Data
- Court Sanctions Corporation $8.5 Million and Orders Six Outside Counsel to Report to State Bar Association for Failure to Identify and Produce Electronically Stored Information
- Ethical Issues in the Electronic Age
- PODCAST: Avoiding the Million Dollar Mistake
- Business Law Advisory
- Managing Your Record Retention Policy Safely
- Ask the Legal Professional: Corporate Records: Your biggest asset or trap for the unwary?
- Ask the Legal Professional: Does my company need a records or document management program?
- Electronic Document Discovery Issues in a Post Zubulake World
- Ten Tips for an Effective Electronic Discovery Project
