Nelson Mullins Encompass serves as discovery and review counsel to some of the world's leading healthcare companies. Our healthcare clients operate in an evolving and intense regulatory environment where privacy and data security, including pursuant to HIPAA-HITECH, are critical.
Whether advocating for or advising healthcare insurance clients in connection with defensible discovery for government investigations, litigation, or information governance strategies, or providing guidance to insurers or other healthcare sector businesses, Encompass provides counsel to clients with the advice, accountability, and stability of a law firm.
As enterprise eDiscovery counsel for leading healthcare clients, we provide integrated information governance, discovery and review counsel across the various government investigations and litigation they may face. Services include:
- Advocating on our clients' behalf with regulators and before the courts to right-size discovery and subpoena requests to the true needs of the matter
- Advising on preservation and legal holds practices
- Developing defensible information governance lifecycle strategies, including advising on defensible disposal
- Providing counsel on medical device data management
- Conducting cost-effective, large-scale reviews of electronically stored information (ESI) in connection with OIG and other governmental investigations and various types of litigation, using advanced technology, project management, and smart staffing practices
Our healthcare information governance and discovery practice builds upon Nelson Mullins' healthcare practice. In addition to having 300 seats of review capacity in our discovery review centers in Columbia, SC, and Nashville, TN, Nelson Mullins Encompass has the ability to draw upon the Firm's healthcare practitioners more broadly. Nelson Mullins' national healthcare practice attorneys counsel clients on a range of issues, including operational and compliance issues, litigation matters, certificate of need matters, medical staff disputes, fraud and abuse claims, and other healthcare related cases.
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Defensible Disposal Project for Fortune 200 Healthcare Client
As part of our client's enterprise records management program, Encompass provided 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.
OIG Subpoena Response
When our client received a subpoena in connection with a United States OIG investigation, it reached out to Nelson Mullins Encompass for discovery and review counsel services. Our team closely coordinated with case counsel and the client while reviewing approximately 74,000 documents involving complex HIPAA and privilege issues.