Our team recognizes that information governance is an integral part of corporate governance and risk management. We work with clients to manage and make the best use of their data and to minimize risks inherent with the over-retention of data.
Our Information Governance team helps clients establish an information governance framework that links information creation and use to value and business objectives. We categorize information and defensibly and securely dispose of it when it is no longer needed. This process begins with establishing an Information Governance Review, which includes an information inventory; formation of a governance steering committee; information policy and protocol review; policy and protocol creation and modification; and policy implementation and enforcement.
After completing the review, the company will have streamlined the creation, use and disposition of its information. This will increase its business efficiency, reduce the risks involved in the over- or under-retention of information and increase its ability to react to litigation or regulatory events.
Our Information Governance team is recognized for:
- Counseling clients on offensive and defensive e-discovery strategies utilizing the most progressive strategies combining cutting-edge technology and astute legal acumen. We help clients develop strategies that greatly reduce the cost and burden of e-discovery.
- Leveraging Technology-Assisted Review (TAR) to merge speed and strategy in e-discovery to get to an understanding of a client’s position with certainty. We also apply TAR techniques to litigation, second request antitrust work and in investigatory settings. Our fact development strategies (what others call document review) are second to none.
- Assisting clients in analyzing data in order to create products and monetize the data (specifically in the health care, bio/pharmaceuticals, energy and financial service industries).
- Advising clients on Information Governance matters and planning records retention schedules, data remediation, data migration and data disposition projects. We advise our clients on employing technology to better understand and utilize their data.
- Cutting-edge mastery of data analytics applied in litigation, in-house investigations and a variety of other legal contexts that enable insight, data storytelling and economic value generation.
- Ground-breaking research into the use of machine-based learning and unstructured data for organizational insight and predictive compliance. We have built and deployed data analytics algorithms that detect and prevent corporate misconduct.
- Thought leadership in the emerging field of Information Governance through the formation of the Information Governance Initiative, the leading think tank on information governance.
Our team has extensive experience in all areas of information governance and can work with you on any of your needs, including:
We advise on the development and use of analytics models that enable insight, data storytelling and economic value generation. Our groundbreaking research into the use of machine-based learning and unstructured data for organizational insight is now being put to work in data-driven early warning systems for detecting and preventing corporate fraud and other misconduct.
Information Governance Advice and Review
We can review and advise on your information governance program, regardless of what phase it is currently in. Information governance consists of “the activities and technologies that organizations employ to maximize the value of their information while minimizing associated risks and costs.” Mature information governance programs best integrate a range of corporate activities that have been traditionally “siloed,” including meeting one’s e-discovery, compliance, audit, recordkeeping and regulatory obligations, while at the same time preventing data breaches and protecting the privacy of employees, customers and other stakeholders. We can help establish an information governance framework to effectively link information creation and use to business objectives and properly value. An effective information governance program allows for organizations to better mitigate risk, improve client service through increased productivity and reduce the cost of managing the information needed to support the efficient delivery of legal services.
Information Governance Policies
Our team has vast experience working across industries to help companies plan and implement policies that directly affect data integrity. Not only can we help craft social media, e-mail, Internet or bring-your-own-device policies, we also offer employee training to educate staff, help structure employee handbooks and implement data retention and archive policies.
Data Remediation, Migration and Auto-Classification
When dealing with data, it is essential to not only look back at what you currently have, but plan and organize new data as it is generated. Our team has the ability to help you handle large amounts of data with a data remediation and auto-classification strategy and we have the technology to cull through and organize the data.
Cybersecurity Review, Breach Prevention and Response
We review your current cybersecurity strategy and defense methods. Our approach is to show how good security, information governance, incident response planning and business continuity planning can put you in a much more prepared position should a cybersecurity breach occur at your organization.
Our team can help shed light on current data and behaviors to detect and prevent misconduct and identify legal issues before they fully develop. We have the knowledge and technology to identify patterns of conduct and provide clients with an early warning so they can act before significant liability develops.
Litigation Readiness and Response Protocols:
With lawyers focused on health care, insurance and the information technology industries, to name a few, we can help you assess, make recommendations for purchase and then implement new information systems.
Board and Control Group Protection
It is crucial in information governance to ensure that the confidential data of your board members or control group is not lumped in with the general data of the company. We can help establish a system for a company’s board members so that communication channels are strictly controlled. We can also help segregate a defined control group’s data, so that confidential information is handled with heightened security.
Additional Offerings from the Privacy, Security and Governance Team
- Act as the “Virtual Privacy Security Officer (VPSO)” for clients without a chief privacy officer to project manage and train personnel to implement programs internally
- Scalable assessments for privacy, security and information governance (from quick hits to holistic assessments)
- Tool Box – Draft and/or revise company policies around information privacy, security, and/or governance – OBA, digital marketing agreements, etc.
- Real-time incident response support and incident response prevention planning
- Training – CLE, employee onboarding, boards
- Litigation support, including through Drinker Biddle’s wholly-owned eDiscovery subsidiary, Tritura IG
- Data Strategy – using content governance as a tool to design data flows for improved/optimal use of data
Collectively, we have assisted and served clients in industry sectors including aerospace and defense, automobiles, banking, chemicals, commercial and professional services, consumer product manufacturing, energy, financial services, food and drink producers, health care, industrial engineering, insurance media, pharmaceuticals and life sciences, private clients/individuals, real estate, retail, software, sports, telecommunications, transportation, travel and utilities.
A few notable matters from 2015:
- Dollar Tree (Worldwide retail company)
We were chosen by Dollar Tree to serve as its National eDiscovery Counsel taking over all litigation for the combined Dollar Tree and Family Dollar companies, which includes about 3,000 cases per year. Additionally, we were asked to lead the two companies’ IT integration with related policies and procedures.
- A Global Bank
We were asked to provide a legal memorandum on cutting edge issues involving the standard under which the global bank should be judged in meeting its archiving and monitoring obligations with respect to e-mail and other forms of communications, under various SEC, FINRA and international authorities.
- A Major Health System
Two major health systems were merging. FTC approval for the merger was pending the company’s response to the FTC’s second request. Utilizing predictive analytics, we were able to review and produce 4 million documents within six weeks at a fraction of the cost of traditional document review. The company was able to receive FTC approval four months earlier than anticipated.
- A Fortune 100 Retailer
Two major retailers were merging and seeking FTC approval. A third retailer sought to prevent the merger through hostile takeover, thus obtaining antitrust approval was critical to prevent the hostile takeover and complete the merger. Using our advanced analytics practice and Tritura’s fact development service, we were able to identify, collect and review seven million documents in seven weeks, making productions of more than 700,000 documents to the FTC. The FTC approved the merger, blocking the hostile takeover. The company credits our expertise as saving this $19 billion merger.
- Qui Tam
Lead e-discovery counsel for significant government contractor in a qui tam case alleging a False Claims Act violation which threatened the continued existence of the contractor. Using our technology team and employing advanced analytics, we quickly ascertained that the case had no merit. Before discovery requests were even issued, we voluntarily produced more than 12,000 documents to plaintiffs’ counsel, and during a meeting, walked them through the evidence that proved their claims had no merit. The case immediately settled for nuisance value, saving millions of dollars in discovery costs and potential damages.
- A Global Security and Aerospace Company
We represent a global security and aerospace company that is principally engaged in the research, design, development, manufacture, integration and sustainment of advanced technology systems, products and services. This company was spinning off one of its major manufacturing and research divisions to create a new company. Utilizing advanced search analytics technologies, we identified and separated highly sensitive and classified data that was to remain with the parent company from the data that was being transferred to the new company. This highly complicated project was a key strategic achievement in the spinoff process.
- Indemnification M&A
We represented an acquirer in a major acquisition. Our client was concerned about the accuracy of the information disclosed by the target in due diligence. The acquisition agreement contained standard representations and warranties regarding the accuracy and reasonable basis for such disclosures and provided an indemnification provision if they were violated. Immediately upon close of the deal, our forensic team combed the target’s information assets using our advanced analytics capabilities. As a result of this analysis, we were able to prove that the target’s disclosures were not accurate using evidence from their own data within the short window of time the indemnification revision allowed. This resulted in a purchase price adjustment of millions of dollars. We have implemented this strategy with similar results for several of our clients.
- A Fortune 200 Retailer
Our client was facing a nation-wide wage and hour class action, facing a very aggressive plaintiff’s firm. We negotiated a proportional and iterative discovery protocol that focused on key custodians and sources, which we litigated and won, reducing the total cost of discovery by about $1 million. We also aggressively held the plaintiffs to their discovery obligations, securing a discovery protocol that required the production of relevant data from class members’ personal e-mail and social media accounts. Many class members refused to participate, reducing the class by more than 30 percent.
- A Fortune 50 Pharmaceutical Company
We assisted our client in conducting a world-wide information governance assessment; identifying the challenges it faced in creating, leveraging and disposing of information. We helped develop a three-year plan to address these challenges, including the hiring of a Chief Information Governance Officer, the establishment of an IG Steering Committee, drafting and implementing dozens of IG-related policies and procedures, migration of data to cloud systems and the purchase and implementation of technology systems. This is one of more than two dozen IG projects similar in scope that we have undertaken or are currently undertaking.
- A Major Private Equity Firm
We represented two private equity firms that owned the majority share in a coal-fired power generation facility. The firms were plaintiffs in this litigation, which covered more than three decades. Our IGED team negotiated and obtained an e-discovery protocol that encompassed the latest strategies including iterative stages, custodial tiering, predictive analytics, statistical sampling to prove effectiveness of search strategies, a bucketing approach to privilege and FRE 502(d) agreements. This led to an extremely efficient e-discovery process, even though the volume and complexity of data was immense. This case was a hallmark of cooperation and efficiency.
- Retail Class Action Litigation Data Analytics
We represented a major retailer in a matter alleging SMS text messages in violation of the TCPA. Our group was able to use advanced data analytic and modeling techniques to accurately categorize and identify text messages falling within class period and achieve favorable settlement for the client.