Bennett B. Borden is the firm’s chief data scientist and responsible for the firm’s data analytics strategy. Harnessing the power of data is essential for helping clients drive value in their business operations and telling their side of the story in litigation. Bennett is one of the world’s first lawyer/data scientists and has recently been appointed to the National Conference of Lawyers and Scientists (NCLS) of the American Academy for the Advancement of Science.
Bennett advises the firm and its clients on the development and use of analytics models that enable insight, data storytelling and economic value generation. Bennett’s ground-breaking 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 clients to detect and prevent corporate fraud and other misconduct. Bennett also builds machine-based learning models to transform and improve legal outcomes in key corporate events including mergers and acquisitions, information governance program development and enforcement, litigation and investigations and business intelligence.
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.
Bennett 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.
Bennett integrates his deep experience with data analytics and litigation to achieve successful outcomes for clients. His representative matters include:
- 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 percent 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 e-mail 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 e-discovery counsel defending a nationwide wage and hour class action.
- 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.
- 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. Work on this case included, 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; and engaging in extensive discovery motions practice.
- Discovery Manager for three-year monitorship of worldwide corporation and its subsidiaries. Scope of work included, 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; and negotiating and implementing collection and review protocols with foreign government.
Chambers USA, Nationwide, Litigation: E-Discovery (2015–2019)
National Conference of Lawyers and Scientists (NCLS) of the American Academy for the Advancement of Science (2016)
Awards Methodology (www.drinkerbiddle.com/content/awards)
The 'outstanding' Bennett Borden brings considerable strength to a range of e-discovery matters, notably in the review of highly sensitive ESI, the negotiation of complex discovery agreements and providing counsel to both national and multinational clients in relation to discovery strategies. One peer affirms: 'He's heavily involved in some of the thought leadership activities that are so important in this space.'Chambers USA (2019)
He is recognized for his 'fantastic work' in Information governance, and also regularly advises plaintiffs and defendants on e-discovery matters stemming from litigation.Chambers USA (2015)
- District of Columbia
- New York University, M.S., Business Analytics
- Georgetown University Law Center, J.D., cum laude, Legal Writing Fellow
- George Mason University, B.A., with highest honors
- American Bar Association, Science Law and Technology eDiscovery and Digital Evidence Committee, Vice-chair
- Cloud Computing Law Working Group, Privacy and Computer Crime Committee - E-Privacy Committee
- District of Columbia Bar Association, Electronic Discovery Section, Steering Committee
- The Sedona Conference, Electronic Document Retention and Production, Working Group 1 - Cloud Computing Drafting, Working Group 1
- Cloud Standards Customer Council, Legal Working Group
- National Conference of Lawyers and Scientists (NCLS) of the American Academy for the Advancement of Science