Contact: (615) 251.5462 mjenkins@hubbardberry.com | Download VCard
Marc Jenkins is a member of the firm with a diverse law practice which includes healthcare, TennCare/Medicaid, government contracting and relations, land use and zoning, eminent domain, taxation, estate planning, and commercial litigation. He is also a founding partner of Hubbard & Jenkins which specializes in legal matters involving electronic discovery, electronic records management, information risk management, and public records requests involving electronic records. Mr. Jenkins is a member of the Sedona Conference® Working Group on Electronic Document Retention and Production, the Organization of Legal Professionals Advisory Council, Gerson Lehrman Group Council on Legal and Regulatory Affairs and is founding member of the The Prometheus Project (The Nashville Chapter of Friends of E-Discovery).
Education
L.L.M. (Taxation) - University of Alabama, Cum Laude, 2007.
J.D.- Vanderbilt University 2003
B.A.- University of Mississippi 1999
Selected Experience
Universal Care of Tennessee, Inc. v. State of Tennessee, Tennessee Claims Commission, (with Bill Hubbard, Robyn Smith and Cynthia Wiel reached a settlement with the State of Tennessee for $20 million for its failure to disclose information it possessed regarding the health conditions of enrollees assigned to a TennCare managed care organization.)
State of Tennessee ex. rel. Commissioner of Tennessee Department of Commerce & Insurance v. Universal Care of Tennessee in Liquidation, Davidson County Chancery Court Case No. 03-1614-II, (with Bill Hubbard, Robyn Smith and Cynthia Wiel reached settlement for $3 million against former directors and officers of defunct TennCare managed care organization for breach of fiduciary duty and mismanagement).
State of Tennessee ex rel Commissioner of Tennessee Department of Commerce & Insurance v. Tennessee Restaurant Association Self-Insured Workers Compensation Trust, Davidson County Chancery Court Case No. 05-3043-I, (with Bill Hubbard and Robyn Smith collected assessments totaling over $4 million in order to liquidate a self-insured workers’ compensation trust in receivership).
Lanier Worldwide, Inc. v. State of Tennessee, et al and Oce Imagistics, Inc., Davidson County Chancery Court Case No. 06-2030-II (with Bill Hubbard, successfully defended Oce Imagistics, Inc. against a bid protest for a statewide copier contract)
John B. v. Goetz, United States District Court for the Middle District of Tennessee Case No. 98-0168 (with Bill Hubbard, successfully managed massive electronic discovery document review and production at savings of hundreds of thousands of dollars for health maintenance organization)
Adult Community Training, et al v. State of Tennessee, Department of Finance & Administration, Division of Intellectual Disability Services, Tennessee Claims Commission, (with Bill Hubbard, obtained collective $3.2 million settlement for 29 provider agencies in breach of contract action)
United States of America v. State of Tennessee, United States District Court for the Western District of Tennessee Case No. 92-2062 (with Bill Hubbard, obtained Court approval of new contract to provide services under Medicaid’s MR waiver program, assisted with successful implementation of program, and coordinated review and production of over one hundred thousand electronic documents in two weeks)
Selected Electronic Discovery Projects
Successfully managed the collection and production of several terabytes of healthcare claims data and managed the processing, review and production of over 200 GB of ESI for a large managed care organization in a class action case involving the EPSDT provisions of the Medicaid Act
Represented managed care organization in the development of new Medicaid MR waiver program, drafted and negotiated agreements with various parties, obtained United States District Court appoval fo the program, assisted with successful implementation of program, and coordinated the collection, review, and production of over 200,000 documents in two weeks.
Reviewed and analyzed subpoena requesting HEDIS data on behalf of managed care organization. Drafted motions leading to quashing of subpoena saving the organization over $1 million in potential electronic discovery costs.
Served as expert consultant to major Nashville law firm and its government owned utility client on public records request consisting of emails and other electronic records. Provided guidance on best practices for identifying, preserving, collecting, processing, reviewing and producing data in the most cost efficient manner. Prepared expert report to be presented to Court.
Coordinated the identification, collection and preservation of data in response to a False Claims Act inestigation for provider of Home and Community Based Services to individuals with disabilities under the Medicaid Act.
Researched, analyzed, and identified best practices for maintaining documentation and responding to False Claims Act investigations on behalf of members of association of providers of Home and Community Based Services to individuals with developmental disabilities under the Medicaid Act. Conducted several training seminars throughout the State for the association and assisted individual members with implementing best practices.
Revised and implemented email retention program for managed care organization. Identified third party vendors in possession of data that would be responsive to state and federal investigations and litigation. Designed and implemented system for notifying third party vendors of legal hold and document retentionobligations and for monitoring compliance with same.
Researched, analyzed, and identified best practices for maintaining documentation and responding to False Claims Act investigations on behalf of organization holding approximatelt 400 state contracts. Assisted with database development to ensure that proper documentation was being preserved and retained. Conducted several training seminars throughout the State to educate third party vendors of organization of their record keeping obligations. Developed audit protocol for organization and assisted employees with implementing best practices.
Managed the response to a third party subpoena received by a state hospital association in conjunction with a federal Antitrust class action involving nursing wages. Identified sources of information responsive to subpoena. Implemented litigation hold procedures for the organization and monitored compliance with preservation obligations. Successfully negotiated a reduction in the data to be collected and reviewed by evaluating data held by organization and proposing search terms to opposing counsel.
Managed the identification, preservation, collection, processing, production and review of over 135,000 documents for electrical contractor client. Coordinated the cost efficient review and analysis of over 300,000 documents produced by opposing counsel in the same litigation. The cost efficient review and utilization of industry best practices led to a favorable settlement of the case.
Managed the identification, preservation, collection, processing, production and review of over 250 GB of documents for a physician practice group involved in litigation with a former physician-shareholder. Implemented litigation hold procedures for the organization and monitored compliance with preservation obligations. Successfully negotiated a reduction in the data to be reviewed and produced by evaluating data held by organization and effectively communicating with opposing counsel.
Represented a national provider of staffing services to local governments against a former employee for violation of non-compete and confidentiality agreement. Successfully demonstrated to the Court that opposing counsel’s arguments that requested e-discovery was too costly and burdensome were without merit and showed lack of understanding of potential cost savings approaches. Obtained Court adoption of proposed search term and preservation protocol for handling e-discovery leading to a minimization of costs and favorable settlement of the case.
Represented a software publisher in a public records request with a state Medicaid program. Successfully negotiated a protocol for production of the requested information that allowed the production of records in less costly and burdensome manner.
Bar Admissions
Tennessee
United States District Court for the Middle District of Tennessee
United States Sixth Circuit Court of Appeals
Civic & Professional Organizations
Board of Directors, Dismas House of Nashville, 2008-2012., President 2010-2012.
Board of Directors, Dismas, Inc., 2009-2012.
Alumni Advisory Board, Vanderbilt Journal of Entertainment & Technology Law, 2009-present
Member, Sedona Conference® Working Group on Electronic Document Retention and Production.
Member, Organization of Legal Professionals Advisory Council
Member, Gerson Lehrman Group Council on Legal & Reguatory Affairs
Founding Member, The Prometheus Project (Nashville Chapter of Friends of E-Discovery)
Tennessee Bar Association, Health and Technology Sections.
Tennessee Volunteer Lawyers for the Arts
Young Leaders Council Class of 2007
Publications and Seminars
“The United Student-Athletes of America: Should College Athletes Organize To Protect Their Rights and Address the Ills of Intercollegiate Athletics”, 5 Vand. J. Ent. L. & Prac. 39 (2003).
“Non-Profit Board Members Rights and Responsibilities”, Tennessee Volunteer Lawyers for the Arts, November 2009.
"E-Discovery for Health Lawyers", With Bill Dean of Sword and Shield Security, Inc., Tennessee Bar Association Health Law Forum, October 14, 2011.
"Managing Electronic Discovery Costs and Risks Through Effective Notification and Communication with Vendors and Subcontractors", 2011 BlueCross BlueShield Association's Blue National Summit, Chicago, IL, December 6, 2011
"Safeguarding Against False Claims Actions with Proper Documentation" (with Bill Hubbard), Various Tennessee locations on behalf of Tennessee Community Organizations. Spring 2012.
"E-Discovery 101A: The Fundamentals", An Onlline, Interactive 5 week Course taught on behalf of the Organization of Legal Professionals, August-September 2012.
"Proactive Management is Required to Contain E-Discovery Risks and Costs", PenTest Magazine, an international online magazine devoted to information security issues, September 5, 2012.
"Documentation and Records Management for False Claims Act & Federal Government Compliance". Various Tennessee locations on behalf of the Community Rehabilitation Agencies of Tennessee, September 2012.
"E-Discovery for Health Lawyers 2.0", WIth Bill Dean of Sword and Shield Secuirty, Inc., Tennessee Bar Association Health Law Forum, October 5, 2012.
“IT Law and Policy”, Guest Lecturer, Lipscomb University’s School of Computing and Informatics Master of Science in Information Technology Management Program, November 16, 2012.
"Fundamentals of E-Discovery”, Foundational course taught on behalf of the Organization of Legal Professionals’ eDiscovery Project Management Certificate Program, December 2012.
"Case Studies in e-Discovery Litigation and Lessons Learned for Information Technology”, Society for Information Management, January 16, 2013.
"E-Discovery Tales from the Federal Courthouse: A Real World Case Study and Roundtable Discussion of the Benefits of Cooperation and Challenges of Proportionality”, Prometheus Project, February 28, 2013.
"Fundamentals of E-Discovery”, Foundational course taught on behalf of the Organization of Legal Professionals’ eDiscovery Project Management Certificate Program, February-March 2013.
"E-Discovery (the single-most rapidly expanding area of law) Representing Corporate Clients & Developing a Niche Practice”, Knoxville Bar Association Law Practice Today Expo, April 12, 2013.
"E-Discovery Update on Sedona Conference Instiute’s Staying Ahead of the E-Discovery Curve”, The Prometheus Project, April 29, 2013.
Personal
Born Nashville, Tennessee, March 11, 1977
Resides Brentwood, Tennessee
Marc and his wife Lindsay are the proud parents of two wonderful boys Conner 10, and Quinn 3. In his spare time, he enjoys playing the occasional round of golf, coaching youth sports teams and enjoying all Nashville has to offer.