E-Discovery Specialty Team

Butzel Long's E-Discovery Practice handles a range of complex legal and business issues for clients in connection with the application of technology, ensuring clients receive maximum support in an efficient, cost-effective manner.

Our understanding of both clients in the technology sector and the use of technology by businesses in every sector enable us to deal with matters as diverse as e-discovery and data and records retention protocols, records management policies and procedures, outsourcing agreements, Internet content and privacy issues and technology licensing agreements (including agreements involving unique and complex technologies). In addition, our attorneys have created an E-Discovery Response Team that works with a company's in-house legal, records management and IT departments to address Electronically Stored Information issues.

We also develop and implement strategies for electronic and forensic discovery for internal corporate audits, investigations and litigation manage and select tools and vendors for electronic data acquisition and counsel clients on other issues surrounding global business on the Internet.

Experience

  • Negotiated extensive laboratory information system for major hospital system.
  • Develop E-mail and Internet use, Data Privacy and Social Networking policies for corporations and universities. (See Faurecia, Eastern Michigan University, Ave Maria School of Law)
  • Retained by Michigan Fortune 100 company to lead its internal litigation readiness initiative, which included the analysis of corporate e-mail, technology and data and retention systems.
  • Represented several companies in Business Software Alliance audits regarding claims of unlicensed or improperly licensed software use. (See Damian matter)
  • Negotiated technology transactions with many providers of technology products and services including Sun, Microsoft, Oracle and others.
  • Global brand/trademark portfolio management for division of major US software developer
  • Draft and develop policies and train corporations and university personnel on HIPAA policies and procedures, including the HITECH amendments and compliance procedures for securitizing PHI and the data breach notification requirements.
  • Develop and draft client based web site development agreements, including online terms of use, online service agreements, acceptable use policies and privacy policies. (see Lover
  • Led due diligence and negotiation efforts for the Information Technology aspects of the purchase of a major hospital. (See William Beaumont Hosp - Bon Secours matter)
  • As a result of a technical network mis-configuration of access and permission rights to Protected Health Information (“PHI”), provided legal evaluation of data breach notification responsibilities.
  • Retained by global corporation to work with German counsel and assist in navigating cross-border data issues involving the European Data Privacy Directives and providing solutions for data privacy, access and transfer in U.S. based litigation.
  • Retained by corporations and universities to review and/or create data and record retetion policies, and assist with compliance and corporate process. (See Ave Maria School of Law, See Michigan Technical University, RGIS, Inc, City of Taylor, Casio North
  • Supervised and directly managed processes for the identification and data harvesting of relevant data repositories, including multiple systems (both current and legacy), for an international client with cross-border facilities.
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • Pursuant to break-in of a client’s facilities, provided data breach assessment services and analysis of data loss and legal risk exposure for a national firm that served as a custodian for personally identifiable information.
  • Pursuant to the request of officers of an international technology company suspecting the misappropriation of their Intellectual Property (“IP”) by employees, led the investigation to forensically evaluate the corporate servers, firewall logs and e-mail
  • Represent corporate purchasers of software and technology in performance disputes with vendors.
  • Represented trademark owner (automotive supplier) in domain name dispute; client gained possession of infringing domain name
  • Lead negotiator for information technology outsourcing relationship on behalf of a large hospital system. (See Mount Clemens General Hospital CareTech matter)
  • Partial summary judgment in breach of contract and fraud case, granting default judgment for e-discovery abuses, and subsequently awarding $4-million judgment, attorneys’ and experts’ fees, and costs.
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Defended web-based retailer in a trademark infringement action brought by a major OEM over domain name
  • Advised the special committee of the board of directors of a building products company in a management-led acquisition
  • Led investigation of unauthorized ACH transactions for client, and successfully negotiated a resolution between the ODFI and the Originator.
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