E-Discovery Advocacy and Management

The massive proliferation of electronic information has fundamentally altered the discovery and use of evidence in modern litigation.

While most law firms approach this challenge as a back-office litigation support function, we recognize electronic discovery, or “e-discovery,” as a critically important component of fact-finding and advocacy. We focus only on data that matters to claims and defenses in dispute, which reduces the burden and risk of discovery, and can ultimately determine the outcome of a case.

In addition, other firms assign e-discovery to technologists who lack courtroom experience. BakerHostetler’s E-Discovery Advocacy and Management team puts advocacy first. Our team is chaired by litigators who have taken cases to trial, but who also understand the unique challenges of electronic evidence in the litigation arena.

Our lawyers have helped shape standards and best practices for addressing the burdens and opportunities of modern discovery, including the doctrine of proportionality, which holds that the burden of discovery should be commensurate with what is at stake in a case. We have been at the forefront in applying sophisticated new e-discovery technologies such as predictive coding and other machine learning tools to identify data that is relevant to a dispute, which dramatically reduces the time and expense associated with traditional document review. Our advocacy efforts limit the scope, burden, and risk of discovery and internal investigations, and can cut client costs by more than $1 million in a single case.

At the same time, our e-discovery team has developed electronic infrastructures for sharing information with vast numbers of people, increasing the power and efficiency of cases being managed throughout the firm. We manage one of the largest and most complex data sets currently at issue in any single litigation in the United States: the SIPA liquidation of Bernard L. Madoff Investment Securities LLC. Yet, we can scale our technology and procedures to deliver cost-saving efficiencies in matters of any size. Our technical ability to analyze a client’s data in the context of specific litigation also enables us to align our interests with those of our clients and offer a fixed price for document review—a rarity for law firms in what has become a multibillion-dollar e-discovery industry.

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Our e-discovery capabilities include:
  • Successful advocacy of staged discovery that is proportionate to what’s at stake in litigation, reducing discovery burdens by up to 80 percent, even before deploying modern document review processes and software.
  • Current document search and review protocols and tools to reduce the cost of “eyes on the page.” Whether clients work with review vendors, or use members of our highly-trained in-house review team, strategically based in lower-cost regions, our E-Discovery Advocacy and Management team carefully manages the review process to ensure that it is cost effective.
  • Focused, practical, company-wide litigation and discovery response programs that are repeatable, defensible, and tailored to each client’s litigation profile. We serve as trusted advisors to Fortune 500 companies on the creation and deployment of discovery response programs covering the life-cycle of records, including document creation, legal hold preservation, and legacy data retirement. We also address modern corporate challenges like Bring Your Own Device (BYOD) policies and cloud computing.
  • Skilled defense of clients when things go wrong. We want our clients to be on offense in the discovery process, but the sheer volume of information has increased the possibility of process breakdowns within most organizations. Rather than allow these situations to subsume the merits of the case, we take a disciplined approach to failure assessment and incident response to minimize the likelihood and severity of sanctions.

Our experience is not limited to litigation, internal investigations, and government enforcement actions in the U.S. The E-Discovery Advocacy and Management team also has extensive experience with overseas litigation, international privacy and bank secrecy law, and all forms of discovery devices, including Letters Rogatory, Letters of Request, and discovery requests under Section 1782 of title 28 of the U.S. Code. We handle subpoenas and information requests from Congress, the Internal Revenue Service, the Securities and Exchange Commission, the United States Environmental Protection Agency, and other governmental agencies.

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Discovery Advocate
Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?
March 20, 2014
Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications between Indonesian...
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Discovery Advocate
Isn’t E-Discovery Hard Enough Without the Internet of Things?
February 25, 2014
This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home.  As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here …. The thermostat is...
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Discovery Advocate
Human or Technology Assisted: Imperfect Review Can Still be Defensible (SDNY)
February 20, 2014
It’s a common refrain that, while courts have allowed the use of technology assisted review, no court has yet blessed the outcome of an imperfect technology assisted review process over the objection of another party.  But dicta in Judge...
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Discovery Advocate
What? The Rules Committee Hearings Don’t Have A Hashtag?
February 7, 2014
This post is a joint submission with BakerHostetler Data Privacy Monitor blog. On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is LegalTech New York (#LTNY), the...
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Discovery Advocate
Information Governance – The importance of putting your data house in order
February 5, 2014
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is...
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