Mintz E-Data Consulting Group

Government

• Oversaw the collection of corporate documents, communications, and database contents from multiple jurisdictions in the EU for use in a US litigation in accordance with the governing privacy regulations, including a multicountry review and redaction effort.

Healthcare

• Representing a national provider of hospice care in the context of responding to a civil investigative demand from the Department of Justice, involving overseeing the transfer of multiple terabytes of electronic data in various states of formatting and processing to a new vendor and into one conformed and accessible global matter database. Representation has also included advising on best practices to preserve key email correspondence, electronic documentation, and corporate instant messaging, thus streamlining the preservation process.
• Represents a large hospital and physicians network in association with a request for additional information and documentary materials from the Federal Trade Commission in association with a proposed acquisition. Our representation involves comprehensive data mapping and an employee identification program that translated to more than 10 million individual documents identified for collection and analysis. Representation has also included the review of these collected documents using technology-assisted review pursuant to a negotiated protocol in a manner that reduced response time to a few months and saved millions of dollars in review expenses.
• Represents a health care diagnostics organization in responding to a civil investigative demand involving the preparation of a highly specific yearly, monthly, and daily data “gap” analysis, which allowed the company to systematically target backup and archive sources, thus streamlining the analysis of these sources and enabling a near-complete supplementation of the data at a fraction of the time and expense.
• Overseeing discovery strategy for a national provider of hospice care in response to a wide-ranging civil investigative demand, including negotiating for the use of technology-assisted review with regulators to address expedient and cost-efficient document review and production.

Life Sciences

• Ongoing data management, discovery, and information governance counsel to a global biotechnology company in a series of nationwide product liability cases relating to its global franchise of marketed products. Our representation includes advising on data retention policies; coordinating data collection, processing, and review practices pursuant to the General Data Protection Regulation (“GDPR”); and overseeing production of the client’s entire filing and correspondence record with the Food and Drug Administration in a HIPAA-compliant manner.
• Represented a leading life sciences company in responding to a subpoena from the Securities and Exchange Commission as well as a shareholder class action lawsuit. This representation included overseeing the collection and review of multiple millions of documents from disparate corporate sources. The Mintz team developed a metadata-based approach to the preparation of a privilege log, ultimately resulting in a large cost savings for the client in terms of review expenses and collapsing the required time frame for creation and production of the log from months to days.
• Represents a leading provider of medical diagnostic testing in a series of informal investigative inquiries, including assisting with data assessment and review through the development of a secure data transfer, processing, and hosting approach, which ultimately streamlined the data volume and transfer process allowing, the client to reduce response time from months to days.
• Developed comprehensive information governance policies for a leading provider of medical diagnostic testing regarding the creation, retention, and destruction of records created using newly acquired communications software and tools, in addition to overseeing a wholesale update and revision to the company’s record retention policy and retention schedule for corporate records.
• Created a document review workflow rooted in technology-assisted review to identify and elevate relevant documents and to automate the creation and production of privilege logs as national e-discovery counsel for a consortium of leading biotechnology companies.
• Conducted a discovery and litigation readiness assessment focused on the location and management of potentially relevant data as well as corporate device and email use policies in association with potential litigation and investigations threatening a major life sciences company.
• Developed a predictive coding and active learning algorithm across a broad set of materials collected in association with an investigation of a global life sciences company that resulted in the ability to review more than 1.5 million potentially responsive documents in less than three weeks.
• Coordinated and oversaw the collection, review, and production of more than two terabytes of data — approximately 85 million pages — for a Fortune 20 pharmacy services company relying on the identification of primary review sources using early case assessment technology and review metrics.
• Coordinated and supervised the harvesting, review, and production of millions of documents, including large volumes of multi-language documents, for numerous Hatch-Waxman/Paragraph IV patent litigations involving pharmaceutical products. In connection with a 29-patent litigation in the Eastern District of Texas, coordinated and managed the harvesting, review, and production of documents, including many foreign-language documents.
• Developed and implemented an e-discovery plan for the identification, retrieval, review and production of paper documents and ESI in a large foreign-language, document-intensive Hatch-Waxman/Paragraph IV litigation, in which the validity of the patent was upheld after a lengthy bench trial.
• Represented Japanese pharmaceutical companies in multi-defendant patent infringement litigations, assisting them through all phases of electronic and paper-document discovery, including voluminous foreign-language documents, leading up to a 10-day bench trial and two federal district court matters that resulted in 100 percent wins.

Retail & Consumer Products

• Represented a skincare manufacturer in a large consumer class action alleging various false advertising and fraud claims. Our representation included overseeing the collection of millions of implicated documents and submitting them to review via a prioritized custom machine learning algorithm. The result was that a small review team was able to produce more than 90 percent of relevant documents across the entire corpus by looking at only approximately 10 percent of the documents. This approach saved millions of dollars in review costs and collapsed the review and production timeline to less than two months.
• Utilized a computer-assisted learning algorithm to successfully cull for review less than one percent of a collection of more than two terabytes of emails and other corporate communications for a large dairy manufacturer.

Technology

• Coordinated the collection and preservation of text messaging data from company-issued and personal mobile devices — without implicating review of personal intermingled data — in response to a voluminous civil investigative demand.
• Managed the review and production of corporate documents involving the collection and review of more than 45 million pages of data for an antitrust class action case brought by approximately 20 defendants against one of the nation's largest media companies.