Nelson Mullins Encompass

Whether your organization is developing information governance policies, assessing related risks, defending an allegation concerning its information governance practices, exploring defensible disposal strategies, or navigating cyber attack incidents with law enforcement, Encompass can guide you through challenging situations with legal counsel and accountability. 

Our clients are leveraging new technologies, divesting and acquiring new business entities, managing multiple legal holds, implementing data preservation, security, and incident response measures, and migrating from old information systems to new ones.  Increasingly, information governance strategies are coming under fire in litigation and investigations, and cybersecurity and data breach threats present heightened risks and information security challenges.  Having defensible practices on the front end can save time and money, and having counsel who can advocate for your interests and guide you through sensitive situations can help minimize risks and business disruption.

Our clients value our ability to help them navigate sensitive information governance issues, develop defensible practices, and advocate for their interests in response to broad and burdensome information requests in the discovery context, and response coordination with law enforcement and regulators in the data breach context.  We work with our clients' in-house professionals across the organization (including legal, information technology, records management, risk management, human resources, corporate security, and privacy) to develop integrated solutions that adjust to changing business environments and needs.

Our Information Governance counsel services include advocating for and advising clients on:

  • Business case for information governance and defensible disposal strategies
  • Strategy and approach for information governance
  • Preservation and legal hold policies and practices, including advising on  practices when information is no longer subject to legal hold
  • Policies and training, including policies for records management, electronic communications, use of company-owned devices, bring-your-own-device (BYOD)
  • Cybersecurity preparedness, response, and related evidence preservation and law enforcement communications and coordination counseling
  • Integrated and defensible litigation readiness, data breach response, and eDiscovery strategies
  • Playbooks and standard data source disclosures for information governance lifecycle practices
  • Defensible disposal strategies
ACC Docket Magazine
Reprinted with permission of the Association of Corporate Counsel

Data disposal can be a highly sensitive topic. Spoliation of evidence carries great... MORE

Minimize Risks and Improve Readiness
Ethisphere® Magazine
Reprinted with permission of Ethisphere®

Companies need information to succeed, including information on products, services,... MORE


Defensible Disposal Project for Fortune 100 Client

As part of our client's enterprise records management program, the client asked for advice on how to manage a significant amount of backup tape data. Working collaboratively with the client's legal, IT, and records management professionals, we developed a systematic approach to assess whether the tapes may be eligible for disposition. Our approach included identifying the team, assessing internal policies and practices, implementing project management practices to map workflow and assess information, and providing guidance and legal analysis on retention and disposal. Through these efforts, our client was able to reduce risks associated with maintaining information that is no longer needed for business or legal purposes, and to significantly reduce its records storage costs.


Preservation Strategies for Fortune 200 Client

When a Fortune 200 client needed help assessing its legal hold practices, it turned to Encompass. Our client's objective was to develop automated processes for segregating email subject to legal hold and for enforcing its retention policy for email not subject to legal hold. Our approach included providing guidance on assessing legal holds inventory, developing search terms, conducting sampling and due diligence and on the process for segregating email subject to legal holds , and for enforcing the retention policy. Through these efforts, our client was able to develop a framework to implement reasonable and defensible preservation practices as part of its enterprise information governance and litigation readiness strategies.


BYOD Policy for Pharmaceutical Client

With a workforce that spans the globe and a forward-thinking approach to leveraging technology, our pharmaceutical client contacted us for advice on implementing a strategy for employees to use their own mobile devices for business purposes. We advised the client on developing user guidelines and integrating these with broader electronic communications policies, and on practices to roll-out and implement the new policy and approach. Benefits to the client include information governance practices that reflect the business realities and technology tools used by their workforce.