Practice 02
eDiscovery
Defensible discovery, end to end.
Discovery is where many cases are won or lost. We help clients design eDiscovery strategies that are proportional and defensible, preserve the right data at the right time, and authenticate electronic evidence so it can be used when it matters.
Electronically stored information now makes up the overwhelming majority of evidence in civil disputes. Email, chat platforms, shared drives, collaboration tools and mobile messaging all create records, and all of them can become discoverable. Handled well, eDiscovery is a strategic advantage. Handled poorly, it becomes the most expensive and riskiest part of a case.
We advise clients on every stage of the discovery lifecycle, from the moment a dispute is reasonably anticipated through collection, review and production. Our focus is defensibility and proportionality: taking reasonable, documented steps that satisfy the rules and the court, without spending more than the matter warrants.
Because our practice also includes digital forensics, we can address the technical questions that often stall discovery, such as whether data was altered, whether a collection was complete, and how a particular platform stores its records.
Capabilities
What we handle
A closer look at the ediscovery work we take on for clients.
eDiscovery strategy
A plan that maps custodians, data sources and obligations early, before costs escalate.
Litigation holds
Drafting, issuing and tracking holds so the right people preserve the right data.
Data preservation
Suspending auto-deletion, imaging devices and preserving cloud and collaboration data.
Collection & documentation
Defensible, documented collection that records exactly what was gathered and how.
Authentication of ESI
Establishing that electronic evidence is what it purports to be, including metadata and hash analysis.
ESI protocols & meet and confer
Negotiating search terms, formats and timelines with opposing counsel.
Review workflow design
Efficient review, including technology-assisted review where appropriate.
Discovery disputes
Support on motions to compel, spoliation issues and sanctions.
Method
Our approach
Scope
Map custodians, systems and obligations before costs escalate.
Preserve
Holds and collections that satisfy the rules and the court.
Produce
Documented, authenticated productions you can stand behind.
Defensible discovery, end to end.
FAQ
Common questions
When does the duty to preserve begin?+
Generally when litigation is reasonably anticipated, which can be well before a lawsuit is filed. A demand letter, a threatened claim or an internal incident can all trigger the obligation.
What happens if relevant data is lost?+
Courts can impose consequences when a party fails to take reasonable steps to preserve electronically stored information. Under the federal rules, remedies range from curative measures to severe sanctions where intent to deprive is shown.
Do text messages and chat apps need to be preserved?+
Often, yes. If business was conducted over text, Slack, Teams, WhatsApp or similar tools, those messages may be relevant and should be included in preservation planning.
How can we control eDiscovery costs?+
Early scoping, targeted custodians and date ranges, agreed search methodology, and proportionality arguments under the rules are the most effective levers.
Is technology-assisted review accepted by courts?+
Courts have accepted technology-assisted review in many matters when its use is reasonable and transparent. Whether it fits depends on the volume and nature of the data.
Insights
Reading on eDiscovery
Preserving Electronic Evidence Before Litigation Begins
The duty to preserve often starts long before a complaint is filed. Here is what a reasonable preservation effort looks like.
Proportionality: Keeping eDiscovery Costs in Check
The federal rules limit discovery to what is proportional to the needs of the case. Used well, that principle is a powerful cost control.