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.


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


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In The Blogs

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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...
Discovery Advocate
Judge Peck to Attorneys – Wake Up and Read Rule 34
By Edward J. Jacobs, Nichole L. Sterling
March 16, 2017
It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he took...
Discovery Advocate
Want to Get Primed for TAR? The Sedona Conference Has You Covered
February 1, 2017
The Sedona Conference recently announced the release of its Technology Assisted Review (TAR) Case Law Primer. While this final version of the primer will be published in the Summer 2017 Sedona Conference Journal, the final/prepublication...
Discovery Advocate
If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?
By Emily R. Fedeles, Nichole L. Sterling
January 27, 2017
The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as amended in...
Discovery Advocate
‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception
January 17, 2017
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems...