Overview

At Butzel, we know that to prevail in modern litigation requires a deep understanding of the ever-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.

Our E-Discovery Specialty Team is prepared to counsel and represent you and your business whether it involves 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.

The experienced Butzel Team routinely handles eDiscovery components of global audits, internal investigations, governmental investigations, arbitrations, and complex litigation matters, including cross-border disputes, ensuring our clients receive the eDiscovery expertise they need to succeed.

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Experience

  • Negotiated technology transactions with many providers of technology products and services including Sun, Microsoft, Oracle and others.
  • Develop E-mail and Internet use, Data Privacy and Social Networking policies for corporations and universities.
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • 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.
  • 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 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.
  • Advised the special committee of the board of directors of a building products company in a management-led acquisition
  • Represented trademark owner (automotive supplier) in domain name dispute; client gained possession of infringing domain name
  • 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.
  • Develop and draft client based web site development agreements, including online terms of use, online service agreements, acceptable use policies and privacy policies.
  • Negotiated extensive laboratory information system for major hospital system.
  • 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.
  • 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
  • Led due diligence and negotiation efforts for the Information Technology aspects of the purchase of a major hospital.
  • Global brand/trademark portfolio management for division of major US software developer
  • Defended web-based retailer in a trademark infringement action brought by a major OEM over domain name
  • Represent corporate purchasers of software and technology in performance disputes with vendors.
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • 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.
  • Represented several companies in Business Software Alliance audits regarding claims of unlicensed or improperly licensed software use.
  • Led investigation of unauthorized ACH transactions for client, and successfully negotiated a resolution between the ODFI and the Originator.
  • Lead negotiator for information technology outsourcing relationship on behalf of a large hospital system.
  • 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.
  • Retained by corporations and universities to review and/or create data and record retetion policies, and assist with compliance and corporate process.
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