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Taking Back the "e": BakerHostetler's E-Discovery Advocacy and Management

It's time to take back the "e"!

Federal and state procedural rules make clear that all discovery includes relevant electronically stored information (ESI). Litigators should understand that before they deploy welcome cutting edge technologies to cut the costs of document review, they can deploy old-school advocacy techniques to reduce the amount of information that must be reviewed.

BakerHostetler is one of the world’s largest users and providers of discovery services in litigation and investigations. Our team was built on the understanding that modern discovery practice in complex litigation creates specialized advocacy opportunities in addition to litigation support challenges. We partner our mastery of technology and systems with a team that understands the role data plays (and does not play) in complex litigation and trials.

By utilizing advocacy and staged discovery we limit risks associated with e-discovery and produce better results. Our case studies demonstrate that advocacy can reduce discovery burdens by 80 percent, even before deploying modern document review processes and software. For a client facing a significant class action matter, our advocacy approach saved more than $1.5 million by substantially reducing the scope of the electronic search from an overwhelming two terabytes to a more manageable 190 gigabytes of data. Processing fees alone were shaved by nearly $634,000. Advocacy reduced the number of custodians reviewed to 10 percent of those thought to have relevant information and estimated review time was reduced from 25,000 to 2,500 hours.

Our Discovery Advocate blog takes a practical look at the trends and issues impacting those in the trenches of litigation.

BakerHostetler is at the forefront of developments in e-discovery, providing practical solutions to clients’ most complex electronic discovery and data challenges. While we respect the “e” in e-discovery, we also understand the importance of the “a” in advocacy.

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In The Blogs

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Discovery Advocate
E-Discovery and Cryptocurrencies – What you need to know
By Nkosi D. Shields, Ryan A. Walton
February 8, 2018
Does bitcoin keep appearing in your news feed? As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea for attorneys to think about the potential litigation and eDiscovery challenges ahead...
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Discovery Advocate
Perfection Not Required in Technology Assisted Review, but Transparency Might Be
February 5, 2018
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will...
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Discovery Advocate
Why Aren't You Using FRE 502(d)
By Nkosi D. Shields, Ryan A. Walton
December 18, 2017
In 2008, Federal Rule of Evidence 502(d) was signed and enacted into law by Congress to minimize the cost of civil litigation, particularly in matters with large volumes of ESI. The intent of the rule is to allow parties to produce large...
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Discovery Advocate
It's the End of Authentication (of ESI) as We Know It
By Carey S. Busen
November 29, 2017
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the changes to the...
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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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