Overview

Butzel knows that winning in modern litigation requires a deep understanding of the evolving laws and technologies shaping the field of electronic discovery (also known as eDiscovery). Considering that reality, we have developed a team of experienced attorneys and professionals passionate about providing effective, efficient, and legally defensible eDiscovery solutions customized to the needs of each client.

We are here to be your eDiscovery advocates from day one, whether you have a single thumb drive of relevant data in a trade secret case or terabytes of data on servers and other devices around the globe (including cloud storage) in a complex commercial dispute.

We routinely handle the eDiscovery components of global audits, internal investigations, governmental investigations, arbitrations, and complex litigation matters, including cross-border disputes, ensuring that Butzel clients get the eDiscovery expertise they need to succeed. 

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Experience

  • 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.
  • Defended web-based retailer in a trademark infringement action brought by a major OEM over domain name
  • 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
  • Negotiated extensive laboratory information system for major hospital system.
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • 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.
  • 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
  • Negotiated technology transactions with many providers of technology products and services including Sun, Microsoft, Oracle and others.
  • Represented trademark owner (automotive supplier) in domain name dispute; client gained possession of infringing domain name
  • 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.
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • 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)
  • Led investigation of unauthorized ACH transactions for client, and successfully negotiated a resolution between the ODFI and the Originator.
  • 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.
  • 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.
  • 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.
  • Represent corporate purchasers of software and technology in performance disputes with vendors.
  • 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.
  • Advised the special committee of the board of directors of a building products company in a management-led acquisition
  • 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)
  • Represented several companies in Business Software Alliance audits regarding claims of unlicensed or improperly licensed software use. (See Damian matter)
  • Global brand/trademark portfolio management for division of major US software developer
  • Lead negotiator for information technology outsourcing relationship on behalf of a large hospital system. (See Mount Clemens General Hospital CareTech matter)
  • 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
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