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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
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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Discovery Advocate
E-Discovery Standards and the 26(g) Signature That Drives the Market
By James A. Sherer
July 10, 2017
We begin with three quick questions: 1. Which legal practice has created and fueled a multibillion-dollar support industry? 2. Which legal practice employs incomprehensible acronyms that require a glossary apart from Black’s Law...
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Discovery Advocate
Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological Literacy
By May Tal Gongolevsky
June 14, 2017
The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys to their clients. In an opinion published on Feb. 21, the New York County Lawyers...
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Discovery Advocate
It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage
By James A. Sherer
May 3, 2017
Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance...
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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...
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