Bennett B. Borden

Partner

Washington

(202) 230-5194 phone
(202) 842-8465 fax

Bennett B. Borden is a partner in the firm's Commercial Litigation Practice Group and Co-chair of the Information Governance and eDiscovery Group. He is also an executive managing director of the firm's ediscovery subsidiary, Tritura Information Governance LLC, which provides state of the art ediscovery technology and services to the firm's clients. 

Bennett is a globally recognized authority on the legal, technology and policy implications of digital information.  Bennett has focused his career on helping clients use the power of information governance to drive strategic litigation outcomes, reduce eDiscovery costs, and improve business operations. 

Bennett is Chair of the Cloud Computing Committee and Vice Chair of the eDiscovery and Digital Evidence Committee of the Science and Technology Law Section of the ABA. He is also a founding member of the steering committee for the Electronic Discovery Section of the District of Columbia Bar, an Information Governance drafting group member of The Sedona Conference, an Advisory Committee Member for the Georgetown Paralegal Studies Program and a Board Member for the D.C. Chapter of ARMA. He is a frequent speaker and author and a guest lecturer at Georgetown University Law Center, the University of Virginia Law School, Temple University Law School,  and the University of Maryland College of Information Studies.

In addition to conducting both offensive and defensive electronic discovery in complex litigation, Bennett has extensive experience counseling clients on the establishment of information governance and records management policies. He regularly advises multinational clients regarding data privacy, security, and regulatory compliance.

In General. Bennett earned a bachelor of arts degree from George Mason University with highest honors, completing his final semesters at an Honors Program at Oxford University, England. He earned his J.D. from the Georgetown University Law Center, cum laude. While in law school, Mr. Borden was a Legal Writing Fellow.

 

Representative Matters

  • Led investigation of whistleblower allegations for major worldwide company.  Brought advanced analytical technology to bear to analyze 4 million documents in 10 days to refute allegations and head off regulatory investigation.
  • Used advanced analytics to analyze a target company’s information systems post-acquisition to prove that it overstated its valuation and obtained 25% purchase price reimbursement for acquirer.
  • Led investigation of whistleblower allegations for major software company, using advanced analytics to analyze email and transaction data to refute allegations and disprove FCPA violation within two weeks of allegations.
  • Led legal and technical advisory team for a worldwide consulting company’s migration of email systems to a cloud environment.
  • Led legal and technological advisory team for major worldwide retailer in remediating 10TB of email in an archive system.
  • Lead eDiscovery Counsel defending a nationwide wage and hour class action.
  • Lead eDiscovery Counsel for significant government contractor in a qui tam case alleging a False Claims Act violation which threatened the continued existence of the contractor. Negotiated complex phased discovery protocol that focused on quickly determining the contractor's position and developing facts to prove it.
  • Case lead and discovery manager for plaintiff in case against leading search engine company for trademark infringement for use of trademarks in sponsored links. Negotiated complex discovery protocols seeking electronic data concerning online user behavior. Developed proportional, targeted and iterative discovery protocols.
  • Discovery manager and case co-lead for securities class action and accounting malpractice action involving $19 billion in class damages and $2 billion claimed in malpractice damages. Managing 250 million documents produced among more than 25 parties and third parties. Managing document preservation, identification, review and production from the inception of investigations by the SEC, DOJ and PCAOB through private litigation. Developing Rule 26 disclosures and plans for conferences among the parties. Negotiating extensive protocols for document review and production. Evaluating and hiring vendors providing document review and production platforms; preparing fact witness for more than 350 depositions; preparing IT personnel for 30(b)(6) depositions; engaging in extensive discovery motions practice.
  • Discovery Manager for three-year monitorship of worldwide corporation and its subsidiaries. Collecting and overseeing the review of documents from 18 countries in the European Union, Asia, Russia, the Middle East, Africa and North and South America. Evaluating, hiring and monitoring document collection and review vendor. Designing and implementing data security systems to comply with European Union data security laws. Negotiating and implementing collection and review protocols with foreign government.

Publications

5/1/2014
Client Alert
SDNY Significantly Broadens Reach of Warrants under the Stored Communications Act: Forces Microsoft to Produce Customer Email on an Extraterritorial Server
3/17/2014
Ave Maria Law Review
Outrun the Lions: A Practical Framework for Analysis of Legal Issues in the Evolution of Cloud Computing
3/14/2014
Richmond Journal of Law & Technology
Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice
9/26/2013
Client Alert
Protect Your Privilege With FRE 502(d): Lessons From Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.
8/16/2013
Client Alert
Judge Scheindlin Issues Important New Guidance on Preservation and Sanctions Analysis in Sekisui Am. Corp. v Hart
9/1/2012
EDDE Journal
The Rise of the Proportionality Principle and How to Leverage it
5/1/2011
Client Alert
Why Document Review is Broken
10/1/2010
Client Alert
The Demise of Linear Review
1/1/2010
Richmond Journal of Law and Technology
Four Years Later: How the 2006 Amendments to the Federal Rules have Reshaped the E-Discovery Landscape and are Revitalizing the Civil Justice System

Speaking Engagements

4/15/2014
The Executive Conference on Information Governance: Collaborative Strategies for Maximizing Value and Minimizing Risk
Big Data: Maximizing Value and Minimizing Risk
4/14/2014
The Executive Conference on Information Governance: Collaborative Strategies for Maximizing Value and Minimizing Risk
Resolving Information Governance Tensions
3/4/2014
The American Bar Association, Section of Science & Technology Law
Cloud Computing 101: Legal Challenges and How to Address Them
2/28/2014
Journal of Law and Technology Information Governance Symposium, University of Richmond
Finding the Signal in the Noise: Information Governance, Analytics, and The Future of Legal Practice
2/6/2014
LegalTech New York
The TAR Workroom – Standards & Best Practices
2/6/2014
LegalTech New York
Risky Business: The Critical Value IG Brings to Mergers, Acquisitions and Divestitures
2/5/2014
LegalTech New York
The Evolution of Information Governance: Predictive Governance
2/4/2014
Legaltech 2014, New York City
Is the Best Defense A Good Offense: Proactively Manage Information Governance to Control eDiscovery
2/4/2014
LegalTech New York
The New Frontier: Predictive Coding for Information Governance
11/14/2013
Virtual LegalTech Webinar
Predictive Coding Beyond eDiscovery – Automating Information Governance
10/29/2013
ARMA Conference, Las Vegas
Predictive Information Governance – Utilizing eDiscovery Technology for Proactive IG
10/28/2013
ARMA Conference
Information Transparency – the Cure for Information Governance Analysis Paralysis
10/11/2013
Virtual Corporate Counsel Live – Webinar
Information Governance: Secrets of Success for Strategy and Action
10/8/2013
AIIM Information Governance Seminar
Defensible Deletion – Attacking Rising Litigation Costs at the Source
9/26/2013
Computerworld and CIO Magazines
Information Governance in an Era of Diverse Data
9/25/2013
Exterro's inFusion '13 User Conference
Practical Insights into TAR & E-Discovery Cost Control
8/20/2013
International Legal Technology Association Conference
Law Firm Governance of SharePoint
8/20/2013
International Legal Technology Association Conference
Predictive Coding Technologies for Information Governance Purposes
8/15/2013
Client Alert
Proposed Amendments to Federal Rules of Civil Procedure May Significantly Impact Discovery
7/1/2013
The San Diego eDiscovery Retreat
'Can’t We All Just Get Along?': Reaching Consensus with Opposing Parties
5/20/2013
MER: The National Conference of Managing Electronic Record
Mitigating the Legal Risks While Realizing the Benefits of Cloud Computing
  • Led investigation of whistleblower allegations for major worldwide company.  Brought advanced analytical technology to bear to analyze 4 million documents in 10 days to refute allegations and head off regulatory investigation.
  • Used advanced analytics to analyze a target company’s information systems post-acquisition to prove that it overstated its valuation and obtained 25% purchase price reimbursement for acquirer.
  • Led investigation of whistleblower allegations for major software company, using advanced analytics to analyze email and transaction data to refute allegations and disprove FCPA violation within two weeks of allegations.
  • Led legal and technical advisory team for a worldwide consulting company’s migration of email systems to a cloud environment.
  • Led legal and technological advisory team for major worldwide retailer in remediating 10TB of email in an archive system.
  • Lead eDiscovery Counsel defending a nationwide wage and hour class action.
  • Lead eDiscovery Counsel for significant government contractor in a qui tam case alleging a False Claims Act violation which threatened the continued existence of the contractor. Negotiated complex phased discovery protocol that focused on quickly determining the contractor's position and developing facts to prove it.
  • Case lead and discovery manager for plaintiff in case against leading search engine company for trademark infringement for use of trademarks in sponsored links. Negotiated complex discovery protocols seeking electronic data concerning online user behavior. Developed proportional, targeted and iterative discovery protocols.
  • Discovery manager and case co-lead for securities class action and accounting malpractice action involving $19 billion in class damages and $2 billion claimed in malpractice damages. Managing 250 million documents produced among more than 25 parties and third parties. Managing document preservation, identification, review and production from the inception of investigations by the SEC, DOJ and PCAOB through private litigation. Developing Rule 26 disclosures and plans for conferences among the parties. Negotiating extensive protocols for document review and production. Evaluating and hiring vendors providing document review and production platforms; preparing fact witness for more than 350 depositions; preparing IT personnel for 30(b)(6) depositions; engaging in extensive discovery motions practice.
  • Discovery Manager for three-year monitorship of worldwide corporation and its subsidiaries. Collecting and overseeing the review of documents from 18 countries in the European Union, Asia, Russia, the Middle East, Africa and North and South America. Evaluating, hiring and monitoring document collection and review vendor. Designing and implementing data security systems to comply with European Union data security laws. Negotiating and implementing collection and review protocols with foreign government.