Developing a comprehensive records management program helps companies to mitigate business, financial, legal and reputational risks. With new federal and state regulatory requirements added each year, it is critical that companies assess their records management compliance strengths and vulnerabilities to stay one step ahead. The increasing use of electronic records storage and the escalating importance of e-discovery in litigation provides further impetus for organizations to develop efficient solutions to archive, store and access electronic records. An effective records management program can enable companies to save millions of dollars by eliminating the unnecessary storage of physical records and reducing the unnecessary retention of email or other electronic records.

Hunton Andrews Kurth LLP’s privacy and data security practice has distinguished itself by providing a variety of records management services to corporate clients from diverse industry sectors. Our lawyers regularly advise clients on company-wide records and information management issues and prepare related policies, procedures and guidelines to meet their individual needs in the United States and around the globe. We maintain an extensive body of research on legal retention periods and understand the business imperatives that might warrant a specific retention period where one is not required by law.

Recognizing the importance of records security, we have experience preparing policies, contracts and court documents to help protect our clients' proprietary information, including their intellectual property and other competitively sensitive information. We also have global experience on the privacy and data protection laws that impact records management, and advise multinational clients on compliance with laws governing the collection, maintenance and disclosure of personally identifiable information, including EU data protection requirements. In addition, we frequently advise clients on compliance with Sarbanes-Oxley and e-discovery issues, including spoliation of evidence. Because of our depth of experience in the records and information management arena, Hunton Andrews Kurth lawyers can provide records and information management services in a cost-effective manner.

We represent a diverse group of clients, including consumer goods companies, retailers, technology companies, banks and other financial institutions, publishers, health care providers, insurance providers, government agencies and nonprofit organizations.

Our services have included:

• Preparing comprehensive records management programs, including policies, procedures, guidelines and training modules.
• Preparing electronic communications policies and computer use policies for numerous clients.
• Advising clients in connection with litigation-related records management issues, including spoliation.
• Preparing policies for issuing and enforcing legal holds post-Zubulake and creating legal hold notices for numerous clients.
• Advising multinational companies on the development and implementation of electronic records management solutions, including online systems for managing contracts and online systems for retaining and managing records subject to preservation orders.
• Advising clients on records management issues arising in connection with outsourcing and other third-party-related ventures, including preparing RFPs in connection with the outsourcing of information technology services.
• Negotiating and drafting contractual provisions relating to privacy and information management.
• Advising companies on existing records inventories and making recommendations regarding retention or destruction of obsolete records.

We have assisted clients on a wide range of privacy and data security compliance issues.  The following are some of the projects with which we have assisted clients:

• Developed and implemented a comprehensive global records management program in more than 100 countries for one of the world’s largest software companies, including preparation and implementation of policies and procedures, numerous records retention schedules and in-person and web-based training and audit programs.
• Drafted policies, procedures, guidelines and training modules for major U.S. consumer goods companies concerning records security, retention and disposal.
• Developed thorough U.S. records management program for a leading commercial and consumer finance company (with $50 billion in assets).
• Prepared a comprehensive records management program for a government agency with a workforce of more than 700,000 employees.
• Prepared, reviewed and revised records retention schedules for global financial institutions, retailers, mining and energy conglomerates and other assorted Fortune 500® companies.
• Advised major consumer goods companies in connection with audits of records management program compliance.
• Assisted client in compliance with records retention and disposal requirements during Chapter 11 restructuring.