Proper management of eDiscovery-related issues requires a team familiar with the complex technological, legal, and logistical challenges of electronic discovery and with the creativity to develop cost-effective, defensible strategies for compiling, storing, and protecting vital information.
Our attorneys work with clients to identify, analyze, and deliver information in civil, regulatory, and criminal matters. In addition, we have argued significant eDiscovery motions on behalf of Fortune 500 companies in federal and state courts.
Our clients span a range of industries, including pharmaceutical, chemical, banking, utilities, manufacturing, real estate, software, health care, and education.
When working on eDiscovery issues, we are able to call upon attorneys throughout the firm with experience in class actions and complex litigation, corporate and government investigations and white collar defense, securities litigation, intellectual property litigation, antitrust matters, labor and employment law, and product liability and mass torts.
Document Retention and Records Management
Controlling the volume of data a company retains is key to managing eDiscovery costs. Crafting effective document retention and records management policies is critical to reducing both litigation costs and the chance of adverse rulings. We have extensive experience advising clients on document retention and records management policies.
Litigation Hold Policies and Legal Preservation
The failure to preserve documents is the most common cause of adverse legal rulings. We regularly advise clients on the scope of their duty to preserve data and have successfully defended those positions in court. We also assist clients in optimizing their legal hold policies, a frequent source of spoliation issues.
Foreign Data Privacy
The proliferation of foreign data privacy laws has made the collection, preservation, and production of overseas data much more challenging for litigants. We have worked on data collection matters in countries across Europe and Asia and are experienced in navigating foreign legal requirements.
Rule 26(f) Conferences
Having experienced, skilled counsel at Rule 26(f) conferences is key in reducing litigation costs. In representing clients in Rule 26(f) conferences in multibillion-dollar, bet-the-company litigations, we have developed strategies that help reduce costs and avoid potential problems.
The consequences of failing to manage document production can be disastrous. That’s why clients frequently turn to outside counsel with specific experience in eDiscovery. We defend IT professionals in 30(b)(6) depositions, negotiate ESI protocols and confidentiality and protective orders, develop processes for managing discovery in parallel civil litigations, and develop comprehensive eDiscovery manuals tailored to a company’s particular data infrastructure. We also have successfully moved to prevent the public disclosure of proprietary data and defended clients in spoliation and sanctions hearings.
More and more companies are opting to move their data to the “cloud” for cost reasons. We counsel clients in the financial services, pharmaceutical, health care, and manufacturing industries to navigate the many privacy and security regulations that can inform decisions about whether to move data to the cloud. Our attorneys have experience negotiating cloud computing contracts that reduce costs while protecting them from unforeseen liability.
Freedom of Information Act and Other Right to Know Acts
We have experience assisting clients with the procedures available to preserve confidentiality and to prosecute objections to disclosure of confidential information.
We have worked with many leading eDiscovery vendors and can help translate the technical jargon into layman's terms. We analyze the needs of a company and provide in-house attorneys with practical advice on the merits and downsides of a vendor’s eDiscovery tools.
Philip N. Yannella