“eDiscovery” is an umbrella term.
It encompasses a wide range of services.
Some providers specialize in specific areas while others are considered full-service eDiscovery providers.
Discovery accounts for about 70% of the cost of litigation; the largest drivers in rising eDiscovery costs are document review and data hosting. Both costs can be targeted if the early phase of litigation is handled appropriately.
Some of our eDiscovery services include:
- Discovery motion drafting and advising: we assist plaintiffs in drafting discovery motions and defendants responding to them. We’ll help you navigate case law and best practices with the aim of minimizing the “back and forth” gamesmanship that characterizes many discovery disputes.
- Legal holds: data collections should be targeted more surgically, but preservation should take a broad scope. We draft legal hold (sometimes called litigation hold) notices and utilize our proprietary software to manage acknowledgement so you don’t have to juggle Excel sheets internally.
- Custodian surveys and interviews: the most important contributing factor to minimizing document review and data hosting costs is effectively identifying the employees who are likely to have ESI (electronically stored information) relevant to the case. Our proprietary legal hold software utilizes branch logic to construct consistent questions and appropriate follow-up. That process enables more appropriately-targeted custodian interviews to identify data and ensure collection is done appropriately the first time.
- Meet and confer process: Rule 26(f) of the FRCP outlines the responsibilities of each party to ensure discovery is handled in a time and cost-effective manner. This may include agreeing on a list of custodians, the types of data to be collected, the time-frame for data collection, search terms, review methodologies, the format in which documents will be produced, and more. We help facilitate this process to avoid a lengthy and expensive motions dispute.
- Data collection: forensically-sound data collection that preserves metadata is critical to the integrity of the entire review process. We have tools to perform on-site and remote collections, and a network of sophisticated forensics providers when the complexity or sensitivity of the case calls for their expertise.
- TAR workflows: technology assisted review, or TAR, continues to gain adoption across the globe. It also continues to be a frequently litigated point of dispute, usually with concerns about whether it is under-inclusive. Because we are platform-agnostic and familiar with multiple leading document review software systems, we are able to help parties design and implement defensible workflows that stand up to scrutiny.
- Data hosting: for ESI to be reviewed, it needs a place reside. If you do not have a pre-existing solution, we offer secure cloud hosting in RelativityOne. Our project managers will work with you to allow access and set permissions for in-house counsel and retained counsel as appropriate.
- Expert testimony: Our unique perspective as both litigators and eDiscovery practitioners allows us to connect the dots in a holistic way. We provide expert testimony for any phase of the EDRM in state and federal courts.