E-Discovery and Information Governance

Today's business is practically paperless. With the rampant growth of e-mail and instant messaging systems; server-based voicemail; electronic storage of sensitive files, such as health records, claims data, competitive business information, and intellectual property; and vast financial databases, less of the information that powers business is reduced to paper. Simply put, all companies, regardless of size, depend on electronically stored information to conduct, record, and drive their business.

We understand that the sheer volume of electronically stored information has made the ability to successfully navigate e-discovery in any litigation matter or regulatory investigation critical. At the same time, the cost associated with maintaining, collecting, reviewing, and producing electronic evidence is a significant litigation-related expense for general counsel at most companies. As courts increasingly favor broad e-discovery, and demonstrate a growing willingness to award sanctions against noncompliant parties, a proactive, cost-efficient, defensible e-discovery strategy is paramount.

Composed of trial lawyers equipped with technological know-how and skilled litigation support specialists, Robinson+Cole's E-Discovery and Information Governance Team is well positioned to assist its clients with e-discovery needs and information governance issues, whether responding to a subpoena or developing data storage protocols.

Our skilled e-discovery lawyers and litigation support specialists have the training and experience to guide our clients through the ever-changing landscape of e-discovery and information management, both prior to and during litigation or a government investigation. Robinson+Cole uses the latest technology to achieve maximum efficiency and compliance for our clients. We also maintain an extensive network of relationships with vendors and providers to tailor our approach to best suit the needs of each client in each circumstance.

Although the conversion to a near paperless environment presents certain challenges, including the sheer volume of data and the expense of retrieval, the overarching principles of discovery and its role in litigation are not new. Because our lawyers actually try cases, we understand the tension between the old and the new and work to creatively devise strategies to meet the technical concerns presented by e-discovery while keeping our eyes on the big picture and the budget. We have never engaged in discovery for the sake of discovery, and we hold strong to this philosophy, whether dealing in paper or bytes.

Whether working as a part of a larger Robinson+Cole trial team or as dedicated e-discovery counsel, we believe that assessing e-discovery or information governance considerations as early as possible—preferably well before litigation or receipt of a subpoena—is the single best strategy to ensure long-term success. Regardless of when we become involved, we immerse ourselves in our clients' business and data management practices, working directly with their information technology personnel to identify where relevant materials are stored, how they are maintained, and the most efficient method of retrieval. We understand the cost and complexities associated with any e-discovery project and strive to leverage our experience and available technologies to your advantage.

    • Experience
      • Represented managed care organizations in negotiating and complying with a civil investigative demand (CID) and subpoena issued by the Federal Trade Commission in connection with an antitrust investigation of the merger of two major in-network hospitals.
      • Using Catalyst, worked with client's preferred e-discovery vendor to collect and review materials for production in connection with a putative class action alleging antitrust violations, fraud, and unfair trade practices.
      • Intellectual Property

      • In conjunction with patent action being litigated concurrently in several jurisdictions, conducted review of several terabytes of data on behalf of Fortune 500 client.

      • Technology and Cyber Risk

      • Collected, reviewed, and produced over two million pages of documents, consisting primarily of e-mails from over 35 custodians, as part of defense of insurer in class action alleging unfair business practices related to payment of claims.

      • Other Experiences

      • In conjunction with a vexatious litigation action against an international developer, collected, reviewed, and produced ESI and paper materials related to 12 underlying lawsuits. Additionally, utilized Concordance to organize and conduct review and analysis of electronic data received from other parties for use in over 30 depositions.
    • News
      • June 28, 2016

        Hartford Lawyers Present at the Connecticut Legal Conference

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      • March 31, 2016

        Amanda Gordon Writes ESI Article for ABA's Business Torts & Unfair CompetitionJournal

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      • March 15, 2016

        Robinson+Cole Lawyers Recognized in JD Supra’s 2016 Readers Choice Awards

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      • February 29, 2016

        Kelly Frye Barnett Elected to YWCA Hartford Region’s Board of Directors

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      • February 17, 2016

        Andrea Donovan Napp Makes 2016 E-Discovery Predictions in Law.com Article

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      • July 22, 2015

        Dana Horton Presents on E-Discovery at RIBA Annual Meeting

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      • July 10, 2015

        Andrea Donovan Napp Presents as Part of E-Discovery Series

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      • June 30, 2015

        Hartford Lawyers Participate in E-Discovery Project Management Session

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      • January 5, 2015

        Andrea Donovan Napp Writes About, Speaks on Data Privacy and E-Discovery

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      • December 4, 2014

        Robinson+Cole Elects New Partners and Counsel

      • April 11, 2014

        Andrea Donovan Napp Elected to Hartford Marathon Foundation’s Board of Directors

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      • September 27, 2013

        Hartford Lawyer Presents on e-Discovery at Masters Conference

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      • September 20, 2012

        Andrea Donovan Napp Authors Chapter in E-Discovery Book

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    • Publications + Presentations
    • "The E-Usual Course of Business: ESI Application to Rule 34 Requirements,," published in Business Torts & Unfair Competition, authored by Amanda Gordon Schreiber, a publication of the American Bar Association (Spring 2016)
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      "Tips for Organizing ESI per the Document Request," published in Business Torts & Unfair Competition, authored by Amanda Gordon Schreiber (Winter 2016)
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      "What Will 2016 Bring to E-Discovery?" published in Law360, authored by Andrea Donovan Napp (1/29/2016)
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      "PII in Your ESI? Oh My! Preventing Data Breaches in E-Discovery," co-presented by Andrea Donovan Napp and Diane Quick, Navigant Consulting, Inc., New York, New York, a roundtable discussion at the ABA's Women of the Section of Litigation Conference in Chicago (11/13/2015)
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      "Admissibility of ESI: How to Turn 'Hot Docs' into Successful Verdicts," published in ABA Business Torts Litigation Newsletter, authored by Andrea Donovan Napp (Spring 2013)
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Our Team