E-DISCOVERY AND RECORDS COMPLIANCE: DESCRIPTION

McKenna Long & Aldridge LLP’s (MLA) e-discovery and records compliance team assists clients with designing and implementing programs to manage paper records and electronically stored information (ESI), both for business purposes and in the context of complex litigation and discovery.  Today’s companies -- and their data -- are under a microscope.  Customers, government regulators, litigants, shareholders, and courts expect companies to manage, track, and protect records and data, sometimes for many years.  Companies therefore must properly manage, store, preserve, and destroy large volumes of ESI and documents. 

Balancing Business, Compliance and Litigation Needs

Requirements regarding records and data management, including ESI, are evolving.  Companies are expected to comply with new statutes and regulations impacting record-keeping, as well as developing standards and rule-changes concerning e-discovery.  As a result, companies face the challenging task of complying with emerging laws, regulations, and “best practices.”  Companies that lack well-defined document retention and litigation hold plans, or whose plans are outdated or implemented ineffectively, risk substantial costs, regulatory fines, litigation sanctions, and other negative consequences. 

MLA’s e-discovery and records compliance team assists companies in addressing complex e-discovery and records management issues.  Our attorneys have counseled companies on compliance and litigation issues concerning ESI and paper records in various regulated industries.  MLA’s team focuses on preparing, updating, and implementing plans and procedures so that companies:

• Comply with applicable state, federal, international, and industry laws and standards
• Maintain and preserve necessary information, while properly disposing of non-critical data
• Access information efficiently for business, litigation, or other essential purposes
• Integrate data management policies and procedures across offices and business units
• Properly implement litigation holds and demonstrate good-faith conduct when later scrutinized by courts or third parties

Records Management and Compliance: E-Discovery and More

MLA’s full-service e-discovery and records compliance team includes experienced trial attorneys, corporate attorneys, and litigation support personnel.  Some firms and vendors focus only on e-discovery issues or package their services to sell a specific software product.  MLA understands that companies require a multi-dimensional solution when it comes to navigating the maze of issues concerning ESI management and e-discovery. 
We approach ESI and records management issues comprehensively, to address business, compliance, and litigation considerations, including:

• Covering all relevant sources and systems of data and records kept by your company
• Complying with multiple federal and state laws that may impose obligations regarding data storage, preservation, and management  
• Considering whether international laws or standards impact your records and ESI plans (for example, privacy mandates in the European Union)
• Treating regulatory retention periods as minimum requirements, subject to adjustment based on business objectives, customer relationships, contractual provisions, litigation needs, or other factors    
• Taking into account your operating system capabilities and limitations
  Educating employees so that they understand and follow your plans and policies  
• Anticipating issues and problems likely to arise in e-discovery to find proactive and cost-effective solutions based on our experience in conducting e-discovery, both offensively and defensively, in complex litigation and regulatory investigations.   

Experience in Reviewing and Improving Policies and Procedures   

We work with clients to develop strategies for compliance and litigation readiness.  We have assisted companies in drafting, updating, and implementing retention policies, data management plans, litigation holds, and other critical documents.  In addition, we audit and assess data management plans and recommend improvements.