Electronic Discovery Services
Review of Discovery Requests/Subpoena. We carefully review discovery requests or government subpoena and/or inquiry received by your organization with heightened analysis of those requests that require the production of electronically stored information. An insightful analysis of the discovery requests is needed to identify potential hurdles to review and production in order to achieve the greatest cost savings.
Assistance With Implementation and Management of Effective Legal Hold Order. When the discovery requests or subpoena is received, we will work with you to implement a legal hold order that is reasonable and legally defensible to ensure that potentially relevant and responsive documents are preserved. Effective implementation and management of a legal hold order substantially reduces the likelihood that your organization will be subject to court ordered sanctions.
Selection & Analysis of Software Vendors. . We are early adopters of Predictive Coding, advanced culling technologies, and other technology assisted review tools. We are constantly in search of more effective tools and beta testing new products because a tool is only as good as its carpenter. We are constantly investigating new document review technologies and software as well as the latest developments in document identification, preservation, collection, processing, hosting and production. Therefore, we are in a unique assist with the selection of software vendors to provide the document review software and to harvest, process, and host your data. Selection of the appropriate review software is a critical component of cost containment. We will gladly assist your organization or law fim through we submit Request For Proposals or Request for Information process with leading software vendors to maximize your cost savings. If you have software in-house, we will work with you and customize our services to your needs. Unlike some major law firms, our vendor selection process is designed to save you money rather than increase firm profits.
Coordinate Collection and Preservation of Data with IT Department and Software Vendor. We work closely with your IT department and the selected software vendor to preserve and collect data in a reasonable and legally defensible manner that minimizes the risk of sanctions. Our hands-on involvement is also beneficial should the need arise for testimony regarding the process to be given at trial.
Negotiate and Develop Search Terms Proposed By Opposing Counsel. All search terms are not created equal. Agreement to the wrong terms or search filters can greatly increase the number of documents processed and reviewed which can increase costs exponentially. Search terms are ineffective without proper analysis including statistically valid sampling and other sampling techniques. We understand the great importance of recall and precision and the math/science behind these concepts as it relates to the abiity to certify an electronic document production.
Develop Search Terms for E-discovery Requests Served Upon Opposing Counsel. We assist with the creation of search terms to help your organization obtain more relevant and responsive information from the opposing side to increase your likelihood of success in the pending litigation.
Utilize Software To Conduct Early Case Assessment and Reduce Amount of Documents Needed For Review. We have experience using multiple review platforms to conduct early case assessment. Early case assessment is vital to controlling costs and evaluation of the merits of the case.
Select and Manage The Review Team. We assist you with the selection of reviwers for the project. We utilize technological tools to test analyze and evaluate the ability of reviewers prior to the project. We constantly monitor reviewers for quality and productivity during the project so that process can be easily defended in Court or to government investigator and to eliminate risk of legal malpractice claim.
Review Documents With Extra Focus on Potentially Privileged and Proprietary Documents. Document review is the most costly aspect of e-discovery. Our experience and effective use of resources allows us to substantially reduce your costs and the time needed for review. Our experience in working with leading E-discovery software allows us to code documents more efficiently, so the inadvertent production of privileged and/or proprietary information is not made. We are highly experienced in the area of HIPAA compliance.
Attend All Court Conferences and Hearings Related to E-discovery. We attend all court proceedings related to e-discovery, in order to stay well informed regarding the issues and to provide meaningful and cost effective representation to your organization. Attendance at all proceedings helps ensure that all preservation and production obligations are met and exposure to sanctions is greatly reduced.
Coordinate Document Production. We negotiate the production format with opposing counsel in a manner consistent with Sedona Conference Guidelines and Principles and bedrock E-discovery case law. When production is to be made, we coordinate all aspects of the production. Our document production management services are designed to allow your organization to devote more time to value-creating projects, to timely make production, and to minimize exposure to sanctions.
Prepare Privilege and Exception Logs. After production is made, we prepare privilege logs and exception logs to be presented to opposing counsel. Given the volume of e-discovery in the average case, some errors in production almost always occur. Our preparation and explanation of exception logs is designed to prevent potential conflict. Similarly, we work with your organization to assert privilege in a legally defensible manner.
Assist Lead Counsel with Presentation of Evidence Through Post-Production Identification of Potential Exhibits and Problematic Documents. Through the extensive review of documents to be produced to the other side, our firm possesses the knowledge and is in the best position to assist lead counsel with the important documents contained in the production. We assist lead counsel to identify strengths and weaknesses in the case contained in the production and to identify those documents that should be presented at deposition, trial, arbitration hearing, or in response to governmental audit and investigation.
Expert Witness We serve as expert witnesses regarding the processes of projects we consult on to establish the that the process was legally defensible. We also serve as expert witnesses for attorneys involved in discovery disputes with opposing counsel to establish best practices, provide general expertise on the EDRM and reasonableness of particular prososed methods of handing specific items, evaluation of estimated costs of providing EDRM services, defend reasonableness of discovery requests, and object to unreasonableness of discovery requests.
Closing the Loop/Metrics. At the end of the project, we do a thorough analysis of what we learned about your organization’s IT infrastructure and the project that will assist with bringing down future e-discovery costs as well as minmizing risks and operational efficiencies. We provide advice on implementing the solutions contained in our analysis. We will also analyze your past completed projects with an emphasis on the legal spend and opportunities for cost improvement and analysis of methods utilized to determine whether your processes are likely to meet adequate recall and precision measurements in order to be confident that your productions are certifiable.