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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, 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...
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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...
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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...
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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...
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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...
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