E-Discovery Advocacy and Management

Overview

BakerHostetler’s E-Discovery Advocacy and Management team (EDAM) is composed of more than 25 attorneys in New York, New York; Houston, Texas; and Columbus, Ohio. Our team is designed to provide a fully integrated and scalable discovery management of and support for matters of all sizes.

Our partners lead the team with decades of experience designing and executing complex discovery strategy and advocacy for some of the most complex matters in the world. Bringing together litigation, transactional and technical expertise in a single team, we advise clients and handle matters at every stage of the Electronic Discovery Reference Model discovery life cycle and in any legal context.

Because managing complex discovery and related data exercises is a highly specialized field that often encompasses the majority of a single matter’s life cycle and budget, we find that best results are obtained with the early involvement of discovery specialists to maximize efficiency through the execution of a purposeful discovery plan that complements the strategic goals of the client.

We serve as national e-Discovery counsel to Fortune 50 clients in connection with their internal information management and litigation preparedness in addition to individual matters.

Our team is composed of over 25 dedicated attorneys located in three markets and supported by a leading internal group of over 40 litigation support and technical specialists. Together, we have managed some of the largest, most complex and most noteworthy discovery exercises in the nation.

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Consulting

  • Litigation readiness and legal hold tools.
  • Develop plans for defensible data deletion.
  • Draft Discovery playbooks.
  • Negotiate and review Master Services Agreements with vendors.
  • Advise on use and maintenance of collection, hosting and review technologies.
  • Draft policies for email, instant messaging and mobile device use.
  • Advise on privacy, cross-border and multilingual data concerns.
  • Draft and negotiate data-sharing and cross-border data-related agreements.

Discovery Advocacy

  • Plan and execute practical discovery strategies.
  • Draft and negotiate electronically stored information, confidentiality and Federal Rule of Evidence 502(d) protocols.
  • Execute defensible data preservation plans.
  • Prepare and respond to written discovery and negotiate scope.
  • Defend discovery-related practices in court.
  • Pursue and defend discovery-related Rule 30(b)(6) depositions.

Managed Review

  • Vet, procure and manage vendors.
  • Oversee collection, processing, hosting and review.
  • Apply cost-saving technologies and analytics for review.
  • Manage large-scale reviews and vendors.
  • Construct privilege and quality control workflows and draft corresponding logs.

We routinely handle all aspects of discovery for clients in connection with cybersecurity class actions, derivative class actions and other securities-related litigation; bankruptcies; regulatory inquiries; and commercial disputes. Our clients represent all industries, including national and international organizations in healthcare, hospitality, insurance, retail and energy.

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
Discovery Attorney New York
Director of Litigation Services
Director of Litigation Services New York
Associate New York
Partner Washington, D.C.
Partner Columbus
Counsel New York
Associate New York
Senior Staff Attorney
Senior Staff Attorney Houston
Counsel New York
Senior Discovery Attorney
Senior Discovery Attorney New York
Partner New York
Staff Attorney Houston
Partner New York
Associate Houston
Partner Washington, D.C.
Partner New York
Staff Attorney Houston
Discovery Attorney New York
Staff Attorney Houston
Senior Staff Attorney
Senior Staff Attorney Houston
Discovery Attorney New York
Discovery Attorney New York
Discovery Attorney New York
Associate Columbus
Discovery Attorney New York
Senior Discovery Attorney
Senior Discovery Attorney New York
Partner New York
Partner New York
Senior Staff Attorney Houston
Staff Attorney Columbus
Staff Attorney Columbus
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

  • 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, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.