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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.
More »
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.
More »

Professionals

Name Title Office Email
James Bekier
New York
+1.212.589.4675
Director of Litigation Services
James Bekier
Director of Litigation Services New York
Csilla Boga-Lofaro
New York
+1 212.589.4660
Associate
Csilla Boga-Lofaro
Associate New York
Carey S. Busen
Washington, D.C.
+1.202.861.1568
Partner
Carey S. Busen
Partner Washington, D.C.
Kermesha L. Carter J.D., LL.M.
Houston
+1.713.276.1611
Staff Attorney
Kermesha L. Carter J.D., LL.M.
Staff Attorney Houston
Trischa Snyder Chapman
Columbus
+1.614.462.2663
Associate
Trischa Snyder Chapman
Associate Columbus
David Choi
New York
+1.212.847.2885
Associate
David Choi
Associate New York
Matthew K. Cowherd
New York
+1 212.589.4601
Associate
Matthew K. Cowherd
Associate New York
Karen DeSouza
Houston
+1.713.646.1326
Staff Attorney
Karen DeSouza
Staff Attorney Houston
Emily R. Fedeles
New York
+1.212.589.4202
Associate
Emily R. Fedeles
Associate New York
Robyn M. Feldstein
New York
+1.212.589.4278
Associate
Robyn M. Feldstein
Associate New York
Jonathan A. Forman
New York
+1.212.847.2855
Counsel
Jonathan A. Forman
Counsel New York
May Tal Gongolevsky
New York
+1.212.589.4213
Counsel
May Tal Gongolevsky
Counsel New York
William E. Hemby Jr.
Houston
+1.713.276.1626
Staff Attorney
William E. Hemby Jr.
Staff Attorney Houston
Alexis D. Howard Lewis
Houston
+1.713.646.1318
Staff Attorney
Alexis D. Howard Lewis
Staff Attorney Houston
Ryan C. Idzior
Houston
+1.713.276.1685
Staff Attorney
Ryan C. Idzior
Staff Attorney Houston
Edward J. Jacobs
New York
+1.212.589.4674
Partner
Edward J. Jacobs
Partner New York
Bradley K. Jones
Houston
+1.713.646.1394
Associate
Bradley K. Jones
Associate Houston
Kedron L. Jones
Houston
+1.713.646.1361
Staff Attorney
Kedron L. Jones
Staff Attorney Houston
Kristin L. Keranen
New York
+1.212.589.4600
Counsel
Kristin L. Keranen
Counsel New York
Gilbert S. Keteltas
Washington, D.C.
+1.202.861.1530
Partner
Gilbert S. Keteltas
Partner Washington, D.C.
Rachel Mills
Houston
+1.713.276.1645
Staff Attorney
Rachel Mills
Staff Attorney Houston
James A. Sherer
New York
+1.212.589.4279
Partner
James A. Sherer
Partner New York
Nkosi D. Shields
New York
+1.212.589.4296
Counsel
Nkosi D. Shields
Counsel New York
Victoria E. Sloan
Houston
+1.713.646.1302
Staff Attorney
Victoria E. Sloan
Staff Attorney Houston
Nichole L. Sterling
New York
+1.212.589.4282
Associate
Nichole L. Sterling
Associate New York
Erika K. Thomas
New York
+1.212.589.4287
Counsel
Erika K. Thomas
Counsel New York
Nicole L. Tineo
New York
+1.212.589.4689
Litigation Support Technology Manager
Nicole L. Tineo
Litigation Support Technology Manager New York
Robert J. Tucker
Columbus
+1.614.462.2680
Partner
Robert J. Tucker
Partner Columbus
Ryan A. Walton
Houston
+1.713.646.1378
Staff Attorney
Ryan A. Walton
Staff Attorney Houston
Andrew A. Wood
Costa Mesa
+1.714.966.8805
Associate
Andrew A. Wood
Associate Costa Mesa

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

  • Chambers USA: Litigation: General Commercial
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Florida (2014 to 2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.

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In The Blogs

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Discovery Advocate
E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School' Approach
By James A. Sherer, Nichole L. Sterling
September 14, 2018
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners...
Read More ->
Discovery Advocate
eDiscovery and Technology
By Karen DeSouza, Nkosi D. Shields
May 3, 2018
Should All States Require Continuing Technology Education (CTE)? For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one and this one. As...
Read More ->
Discovery Advocate
What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR
By James A. Sherer, Nichole L. Sterling
April 23, 2018
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This...
Read More ->
Discovery Advocate
What Judges are really saying about Technology Assisted Review
By Csilla Boga-Lofaro, David Choi, James A. Sherer
April 6, 2018
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in...
Read More ->
Discovery Advocate
Social Media Privacy Settings May Not Protect Your Information From Discovery
By Carey S. Busen
March 15, 2018
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However...
Read More ->

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