E-Discovery Advocacy and Management

Overview

BakerHostetler’s E-Discovery Advocacy and Management team helps clients reduce discovery costs and tackle the unique challenges associated with the preservation, harvesting, review, production and management of electronic information.

How do our clients benefit?
  • We help clients sleep at night – easing anxiety about a major component of litigation that continues to grow in complexity.
  • We offer a targeted, multidisciplinary approach that covers all the relevant aspects of data management (discovery, information governance, data privacy) and deliver a complete solution to address any concerns in connection with litigation and investigations.
  • Reducing costs while maintaining defensibility is our top priority:
    • We mitigate the exponential increases in data volume and data sources by implementing tailored litigation holds.
    • Our discovery advocacy has cut client costs in a single case by more than $1 million.
    • Our staged discovery can reduce the number of custodians reviewed to less than 10 percent of those “on hold.”
    • We have negotiated limits to the types and locations of data that will be collected, processed and reviewed – which further reduces costs.
    • The application and use of innovative technology-assisted review tools replace weeks of contract attorney review with a few days of iterative machine learning led by one or two members of the case team.
    • Our disciplined project management reduces vendor costs, even for clients that already have sophisticated in-house discovery capabilities. We can also assist clients in negotiating favorable vendor services agreements and help revise master services arrangements in place.
  • Clients with defensible discovery processes and documentation are on the offense – not defense – in litigation.
  • Our expertise and confidence, as well as our ability to break down complex technological issues, send a message to opponents and courts that the discovery process is under control.
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What do we do for our clients?
  • We understand the unique challenges of electronic evidence because we are trial lawyers, transactional lawyers and technologists with substantial experience in information governance and knowledge of supporting technologies who efficiently oversee the management and handling of electronically stored information in litigation, regulatory and internal investigations.
  • Manage the discovery process from preservation to production to data retirement and advise clients regarding future data retention implications. We save clients time and money by focusing only on data relevant to the claims and defenses in a dispute or investigation.
  • We know there is no “one size fits all” approach in discovery. We help support in-house legal departments by creating practical, client-specific litigation response plans focused on data that is typically relevant to a client’s ongoing disputes and exposure to future ones, and based on a client’s specific sensitivities, budget and comfort level with technology.
  • Work with clients’ legal and IT groups to identify, preserve and search both typical and unusual electronically stored information and provide strong litigation and technical support to ensure that clients, legal professionals and IT are communicating effectively.
  • Limit the scope, burden and risk of discovery through advocacy and technology, and help manage high volumes of data by negotiating and defending the use of technology-assisted review tools to slash discovery costs.
  • Work with leading forensic analysts to examine, challenge or defend compromised data sources, address the authentication and admissibility of electronic evidence, and defend against claims that evidence has been intentionally or inadvertently spoliated.
  • Address the discoverability and management of new data sources targeted by discovery requests as they evolve, such as the cloud, social media, smartphone chat applications and digital personal assistants.
  • Advise on information governance strategy and evaluate record management policies to help clients manage document life cycles, and create tailored retention plans that address the defensible deletion and disposition of legacy data that has built up over time or post-litigation.
  • Help clients navigate the complexities of cross-border data transfers in connection with litigation and global investigations with a focus on the implications of data privacy legislation on preservation, transfer and production of data that may contain personal data, and help tackle the challenges posed by foreign data privacy regimes.
  • Advise clients regarding the implications of the new European General Data Protection Regulation (GDPR) and assist entities with all aspects of GDPR preparedness by offering practical legal and technical solutions to comply with the new environment.
  • Assume leadership roles in the discovery community, writing and speaking in collaboration with The Sedona Conference Institute, Georgetown Advanced eDiscovery Institute, and multiple other publications and organizations.

Select Experience

  • Representing a leading online-services provider in its response to a Civil Investigative Demand served by the FTC. Representation involves all aspects of discovery and data management, data retention, custodian interview, collection, review, and production, as well as responses to interrogatories and active communication with the FTC.
  • Retained by disposal and recycling solutions company to handle discovery for multiple related litigation matters in four jurisdictions. Provided IT mapping and documentation; custodian interviews and related documentation; discovery strategy analysis; ESI vendor sourcing and vetting; management of selected ESI vendor; and general discovery management and ongoing interaction with local counsel.
  • Advised an academic medical center on multiple information governance and e-discovery matters, including information governance policy drafting; records retention schedule drafting and compliance activities; legal hold policies, process, and documentation for general application; and email container profile advice.
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Professionals

Name Title Office Email
Director of Litigation Services
Director of Litigation Services New York
Associate New York
Partner Washington, D.C.
Associate Columbus
Associate New York
Associate New York
Counsel New York
Counsel New York
Partner New York
Associate Houston
Counsel New York
Partner Washington, D.C.
Associate Columbus
Counsel Cleveland
Partner New York
Counsel New York
Associate New York
Counsel New York
Litigation Support Technology Manager
Litigation Support Technology Manager New York
Partner Columbus

Experience

  • Representing a leading online-services provider in its response to a Civil Investigative Demand served by the FTC. Representation involves all aspects of discovery and data management, data retention, custodian interview, collection, review, and production, as well as responses to interrogatories and active communication with the FTC.
  • Retained by disposal and recycling solutions company to handle discovery for multiple related litigation matters in four jurisdictions. Provided IT mapping and documentation; custodian interviews and related documentation; discovery strategy analysis; ESI vendor sourcing and vetting; management of selected ESI vendor; and general discovery management and ongoing interaction with local counsel.
  • Advised an academic medical center on multiple information governance and e-discovery matters, including information governance policy drafting; records retention schedule drafting and compliance activities; legal hold policies, process, and documentation for general application; and email container profile advice.
  • Representing a leading multinational hotel conglomerate in a data breach response. Provided long-term advice and supervision on the preservation and collection of evidence in all aspects of discovery, including motion practice, to prepare for the ensuing class action.
  • Played a key role in multiple data breach responses, including the Excellus BlueCross BlueShield, Banner and Premera Blue Cross healthcare data breaches. We provided long-term advice and supervision on the preservation and collection of evidence in all aspects of discovery, including motion practice, to prepare for the ensuing class action.
  • Advising a restaurant chain in a data breach response. Providing long-term advice and supervision on the preservation and collection of evidence in all aspects of discovery, including motion practice, to prepare for the ensuing class action.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

News

News

Press Releases

Key Contacts

Blog

In The Blogs

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Discovery Advocate
Cost Shifting Ordered Due to Inadequate Meet and Confer
By Nichole L. Sterling
July 26, 2017
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who...
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Discovery Advocate
E-Discovery Standards and the 26(g) Signature That Drives the Market
By James A. Sherer
July 10, 2017
We begin with three quick questions: 1. Which legal practice has created and fueled a multibillion-dollar support industry? 2. Which legal practice employs incomprehensible acronyms that require a glossary apart from Black’s Law...
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Discovery Advocate
Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological Literacy
By May Tal Gongolevsky
June 14, 2017
The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys to their clients. In an opinion published on Feb. 21, the New York County Lawyers...
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Discovery Advocate
It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage
By James A. Sherer
May 3, 2017
Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance...
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Discovery Advocate
Advocacy in E-Discovery More Important Than Ever
By David Choi, Edward J. Jacobs
March 23, 2017
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and...
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