E-discovery and Records Management

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Kutak Rock’s Records Management and E-Discovery Group provides our clients with cost-effective records management, e-discovery and litigation readiness services. The Group is comprised of attorneys with extensive litigation, corporate and IP/IT experience as well as experienced forensic information technology personnel. The growth of electronic data, and the constantly changing technology that helps preserve and organize that data, has revolutionized litigation today. Businesses turn to us to help them understand how to lawfully manage their electronic data, from documents to e-mails, and how to respond quickly and efficiently if a lawsuit is filed or if the government requests information from them. A company’s failure to lawfully manage and preserve its electronic data when faced with litigation may result in substantial monetary and other penalties, including criminal penalties.

Kutak Rock’s Records Management and E-Discovery Group understands the IT infrastructure and operations of our clients, and we effectively provide each of the following services:

  • prepare, implement and refine records retention policies
  • introduce practices and procedures to make sure the policy is actually followed, including training on e-mail management, document retention and litigation response
  • advise clients regarding the statutory and regulatory records retention requirements under federal and state law, and ensure that our clients are in compliance with all laws
  • help clients determine how long their records should be retained
  • advise clients on contracts with records management companies and technology companies that provide software to efficiently manage records
  • cost-effectively coordinate records management and e-discovery teams with in-house counsel, outside counsel, IT personnel, and records management and e-discovery vendors
  • provide litigation readiness counseling, including counsel regarding document preservation and spoliation, legal hold notices, quick peek agreements, claw-back agreements, and other e-discovery issues under federal and state rules
  • help clients develop response plans for litigation and government or regulatory investigations to effectively and efficiently manage the preservation, collection, review and production of electronically stored information
  • manage commercial and complex litigation matters as well as complex governmental or regulatory investigations

Executives, in-house counsel, IT professionals and risk managers from businesses of all sizes turn to us because we can be counted on to help them manage and reduce the operational risks of their businesses. Our services increase the efficiency of these businesses in a cost-effective manner.