Bennett B. Borden

Bennett B. Borden co-chairs the firm’s eDiscovery and Information Governance Section. A litigation attorney, Mr. Borden focuses his practice on Electronic Discovery and Information Law. In addition to conducting both offensive and defensive electronic discovery in complex litigation, Mr. Borden has extensive experience counseling clients on the establishment of information governance and records management policies, procedures, and practices based on enterprise risk assessments. He regularly advises multinational clients regarding data privacy, data security, and data regulatory compliance. Mr. Borden is also highly skilled in negotiating complex ESI protocols and confidentiality and protective orders.

Bennett B. Borden co-chairs the firm’s eDiscovery and Information Governance Section. A litigation attorney, Mr. Borden focuses his practice on Electronic Discovery and Information Law. In addition to conducting both offensive and defensive electronic discovery in complex litigation, Mr. Borden has extensive experience counseling clients on the establishment of information governance and records management policies, procedures, and practices based on enterprise risk assessments. He regularly advises multinational clients regarding data privacy, data security, and data regulatory compliance. Mr. Borden is also highly skilled in negotiating complex ESI protocols and confidentiality and protective orders.

Prior to joining the firm, Mr. Borden served as a chair of the Electronic Data Discovery Initiative and as a member of the steering committee for the Electronic Discovery and Information Law Practice Group of a respected, global law firm. In addition to his legal experience, Mr. Borden was founder and executive director of Sign Language Consultants, a firm providing human resources consulting services regarding the employment of the Deaf and people with disabilities. He also served as an interpreter coordinator for the Central Intelligence Agency, where he managed a staff of sign language interpreters and lectured at U.S. government symposiums on disability law.

Mr. Borden is licensed to practice in Maryland and the District of Columbia. He is a member of the steering committee for the Electronic Discovery Section of the District of Columbia Bar. Mr. Borden is a frequent speaker on the topic of Electronic Discovery and Information Governance and the author of many articles. He is a guest lecturer on eDiscovery Law at the Georgetown University Law Center and a member of Working Group I on Electronic Document Retention and Production, as well as Chair of the Cloud Computing Drafting Group for The Sedona Conference. He is also Vice Chair of the Electronic Discovery and Digital Evidence Committee of the Science and Technology Law Section of the ABA .

He received a bachelor of arts degree from George Mason University with highest honors. Mr. Borden received a juris doctor degree from the Georgetown University Law Center, cum laude. While in law school, Mr. Borden was a Legal Writing Fellow.

Representative Experience

• Lead Discovery Counsel for large government contractor in a qui tam case alleging a False Claims Act violation which threatened the continued existence of the contractor. Negotiated complex phased discovery protocol that focused on the discovery of electronic documents from key custodians. After limited discovery, obtained favorable settlement that expressly repudiated any False Claims Act violation.
• Case lead and discovery manager for plaintiff in case against leading search engine company for trademark infringement for use of trademarks in sponsored links. Negotiated complex discovery protocols seeking electronic data concerning online user behavior. Developed proportional, targeted and iterative discovery protocols.
• Discovery manager and case co-lead for securities class action and accounting malpractice action involving $19 billion in class damages and $2 billion claimed in malpractice damages. Managing 50 million documents produced among more than 25 parties and third parties. Managing document preservation, identification, review and production from the inception of investigations by the SEC, DOJ and PCAOB through private litigation. Developing Rule 26 disclosures and plans for conferences among the parties. Negotiating extensive protocols for document review and production. Evaluating and hiring vendors providing document review and production platforms; preparing fact witness for more than 350 depositions; preparing IT personnel for 30(b)(6) depositions; engaging in extensive and successful discovery motions practice.
• Discovery Manager for three-year monitorship of worldwide corporation and its subsidiaries. Collecting and overseeing the review of documents from 18 countries in the European Union, Asia, Russia, the Middle East, Africa and North and South America. Evaluating, hiring and monitoring document collection and review vendor. Designing and implementing data security systems to comply with European Union data security laws. Negotiating and implementing collection and review protocols with foreign government.
• Lead discovery attorney for class action involving a Self-Regulatory Organization. Designing and establishing scope of preservation protocols including interviews of IT personnel, creating data maps, negotiating preservation protocols with opposing counsel, preparing and engaging in Rule 26(f) conferences; overseeing the preservation and collection of two terabytes of data from 33 locations in the U.S.; drafting and arguing discovery motions.
• Lead discovery attorney for more than 40 litigation matters from inception of the case through ultimate resolution, including the largest class action in history. Developing preservation, identification, collection, review and production protocols and overseeing the implementation thereof. Managing complex and multiple vendor relationships. Engaging in Rule 26 disclosures and conferences; engaging in extensive discovery motions practice.
• Developed comprehensive worldwide records management and litigation readiness programs for more than 20 multinational corporations, government agencies, and nonprofit organizations.