Optimizing Critical Data Management
and Retention Practices

Burns White recognizes the growing percentage of information and documents that are created electronically and maintained solely in electronic form. Our Electronic Discovery and Information Management Group is dedicated to counseling clients in managing electronic records so that large volumes of data can be retained when necessary, deleted when appropriate, and produced when required.

In today’s business world, documents that a company may need to produce are found in an ever-increasing range of media such as backup tapes, removable storage devices, servers, and hard disk drives. These types of media used to create and store electronic information can present organizational challenges for companies wanting to locate and catalog the information they contain and can result in potential liability risks and higher business costs.

A Multi-Disciplinary Tech and Legal Team

Burns White provides Electronic Discovery and Information Management services that not only create an enforceable document retention program, but helps the firm to increase the likelihood of success if legal action is taken against our clients. In addition to our legal experience, Burns White is able to leverage internal Information Technology professionals, best practice procedures and best-of-breed technologies (software and hardware). Our Information Technology staff work with our attorneys, other outside counsel and with clients to understand client systems, conduct and/or manage preservation and collection efforts, provide full electronic discovery processing, warehouse and host data in an online review platform, and manage review and production of documents.

Capability in Data Management Processes

The Burns White Electronic Discovery and Information Management Group has the knowledge and experience to provide services in the following areas:

Litigation Readiness

• Creating information management and record retention policies and programs consistent with federal and state jurisdictions and regulations.
• Implementing and enforcing a document retention program that anticipates litigation and can reduce costs.
• Assessing all active and archived data, including all e-mail servers, compliance systems, records management systems, financial systems, executive information systems, and computers of key employees.
• Facilitating a strategic alignment of Legal and Information Technology departments to address issues pertaining to electronic information.

Data Preservation

• Instituting and maintaining effective litigation holds and evidence preservation systems to preclude spoliation and the imposition of sanctions or adverse inference instructions.
• Consulting with IT representatives to implement litigation hold procedures on electronic systems.
• Conducting custodial interviews to determine any other system on which electronically stored information (ESP) may reside and prevent spoliation.
• Maintaining efficient and transparent logging, reporting and methodologies to be used throughout litigation.

Data Collection

• Executing, monitoring, and managing collection efforts on client systems and from client personnel.
• Tracking paper collections, arranging for pickup and document preparation, and selecting vendor(s) for imaging processing.
• Preparing IT personnel for 30(b)(6) depositions.

Processing

• Creating and analyzing initial summary reports regarding custodians, file types, file size, media, etc.
• Determining protocols used for processing: de-duplication methodology, key word culling, field extraction, native review vs. full imaging, auto coding, etc.
• Developing document preparation and imaging specifications.
• Conducting electronic data discovery processing using best-of-breed technologies.

Review

• Providing unlimited space on Burns White’s litigation support servers for storing electronic images, native files and corresponding data.
• Providing 24/7 access to Burns White’s Web Review Document Repository (document databases) wherein client, Burns White attorneys, outside counsel, and other third parties can search, review, tag and further manage electronic and paper discovery.
• Providing 24/7 access to the Burns White Client Extranet System wherein client, Burns White attorneys, outside counsel, and other third parties can communicate and collaborate on all matters relating to the project.
• Conducting bibliographic and issue coding of document sets, as well as full privilege and issue reviews.

Production

• Instituting production protocols relating to delivery format bates schema, etc. for each receiving party.
• Coordinating and managing all hardcopy production sets.
• Creating and managing all electronic production sets.