Practice/Industry Group Overview
Recent court decisions have imposed heavy sanctions on corporations that were unable to respond effectively to discovery requests. The proliferation of information technology has made it difficult for a company to know what information is within its control and how to manage that information to reduce litigation risk and comply with various laws. To address this complex and rapidly evolving need, Greenberg Traurig provides an interdisciplinary team comprised of Trial Lawyers, Corporate and Securities lawyers, Intellectual Property lawyers, Labor and Employment lawyers and in-house technology professionals that can develop custom-tailored programs and provide on-going counseling. With locations in the United States, Europe and Asia, Greenberg Traurig is well positioned to assist companies from prevention to defense.
- Assessment of data and information systems
- Development and regular updating of document retention policies and procedures
- Regular audits of retention procedures
- Litigation hold procedures
- Industry specific requirements such as HIPAA, OSHA and SEC regulations
Articles Authored by Lawyers at this office:
FINRA's New 'New' Discovery Guide: E-Discovery, Affirmations and Product Cases
Michael E. Pastore,Scott E. Rahn, November 21, 2013
On Sept. 16, 2013, the SEC approved amendments to the Financial Industry Regulatory Authority, Inc. (FINRA) Dispute Resolution Discovery Guide (Discovery Guide), which will become effective on Dec. 2, 2013 for all customer cases filed on or after the effective date. FINRA petitioned the Securities...
CFPB Trial Disclosure Program Now Effective
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 15, 2013
On October 29th, the CFPB’s Notice of Policy regarding its Trial Disclosure Program was published in the Federal Register, thus making the Policy effective. Section 1032(e) of the Dodd-Frank Act permits consumer financial service providers to “conduct a trial program that is limited in...
Does My Email Communication Constitute a Binding Agreement?
Israel Rubin,Rachel Sims, August 27, 2013
In an era where the prevalence of email exchanges in the business arena is almost commonplace, clients and attorneys should be aware that a form of identification which could constitute their signature in an email, attesting to the substance of a negotiated settlement, may be considered a binding...
Discovery Verifications May Lead to Corporate Punitive Damages
Mark D. Kemple,Adrienne J. Lawrence,Adam Siegler, August 24, 2013
Litigators defending corporations against punitive damages claims based on employee misconduct should be cautious when permitting employees to execute discovery verifications as an “officer,” “director” or “managing agent,” because they may be held to have...
Supreme Court Extends PLIVA to Preempt Certain Design Defect Claims Against Generic Manufacturers
Robert P. Charrow, August 13, 2013
In Mutual Pharm. Co., Inc. v. Bartlett, No. 12-142 (U.S. June 24, 2013), the Supreme Court, in a 5-4 decision building on PLIVA, Inc. v. Mensing, 564 U. S. --- (2011), held that the Food, Drug, and Cosmetic Act preempted a state law design defect action against a generic drug manufacturer that...
Making Copies! The Fourth Circuit Defines Taxable Costs Associated With eDiscovery
David Samuel Panzer, May 07, 2013
Can this happen to your client? Your client gets sued, is forced to spend over $100,000 on eDiscovery despite you making all the right objections, you deliver a clean victory on dispositive motions and the District Court awards costs of ... $200. Here is what happened in the Fourth Circuit and what...
Service of Process through Social Media
Philip H. Cohen, March 27, 2013
In the matter of Federal Trade Commission v. PCCare247 Inc., Case No. 12 Civ. 7189 (PAE), 2013 WL 841037 (S.D.N.Y. March 7, 2013) (PCCare247), the United States District Court for the Southern District of New York sanctioned using social media as a means of circumventing the Hague Service...