Prepare litigation readiness plans for clients that provide legal advice and practical forms and tools for records retention, litigation holds, collection, processing, and production.
e-Discovery Counsel
Served as primary coordinating e-discovery counsel, responsible for all aspects of preservation, collection, review and production, in related criminal, state and federal court civil proceedings arising from combustion and release events that occurred in the aftermath of Hurricane Harvey.
On behalf of a privately held manufacturing and distribution company, served as e-discovery counsel responsible for all aspects of preservation, collection, review and production, as well as ongoing litigation support in antitrust lawsuit.
Managed collections and document review for oil spill case that secured a $255 million arbitration award for our client.
Represented waste company as e-discovery counsel in class action over fees, developing approach to calculating damages used to achieve favorable settlement.
Managed all phases of discovery responses and trial support for government client in major public works construction litigation matters, both as plaintiff and defendant; most recent outcome resulted in $26 million settlement for our client.
Manage ongoing electronic document review and productions for multiple patent litigation matters on behalf of a pharmaceutical manufacturer.
Technology-Assisted Review/Continuous Active Learning
Represented publicly-traded, Fortune 500 worldwide supplier of technology-based railway products and services as e-discovery counsel in patent infringement and trade secret misappropriation lawsuits, responsible for all aspects of collection, review and production, as well as litigation support. Managed large and complex document review projects using industry-leading technology-assisted-review (TAR) tools.
Rule 45 Subpoenas
Prepared responses to third-party document requests to mobile phone manufacturer in antitrust lawsuits brought by competitors, and class-action plaintiffs.
Deposition Preparation
Represented local government entity as primary e-discovery counsel in environmental insurance coverage litigation involving more than 20 insurance carriers and spanning over 75 years, seeking coverage for environmental liabilities and clean up costs associated with a federal Superfund site. Managed a document collection of over 6 million documents from more than 100 custodians through effective use of both search terms and predictive analytics. Prepared trial team in environment insurance coverage litigation for client and opposing party depositions by running complex queries across document productions to identify key documents and create witness and issue binders.
Reviewed and analyzed documents to create deposition preparation sets for Rule 30(b)(6) corporate representative for trial team review and use.
Trial Support
Represented defendant/counterclaim plaintiff in antitrust suit that ended in defense verdict after six-month jury trial, with treble damages and attorneys’ fees awarded to client (reversed on appeal). From 2007 to the filing of attorneys’ fees motions in 2014, managed all aspects of discovery; factual research for both the legal and expert teams; pretrial processes, including identifying exhibits and objections, deposition designations (over 365 days of testimony), preparation of documents for the in-court trial presentation system, and remote trial support from our Seattle office with on-site trial support by one e-DAT lawyer for the duration of the trial. Also supported post-trial attorneys’ fees application, including preparation of a database to capture all time entries classified by category for submission.
International Arbitration
Represented a global construction company in a multibillion-dollar international arbitration before the ICC related to construction of one of the largest oil and gas refineries in South America, valued at US$8 billion.
Government Investigations
Collaborated with Boston office Investigations, Enforcement and White Collar team on client’s response to a grand jury subpoena in an investigation that concluded with no action being taken against our client. e-DAT’s contributions included presenting sufficient information to the government to convince them to relax their original stance on both the scope of backup tape preservation required and the permissibility of cross-custodian global deduplication and email threading, substantially reducing the client’s preservation and production costs.
Represented automotive parts distribution company in Federal Trade Commission investigation of proposed acquisition by major competitor (HSR Second Request).
Represented telecommunications company in government investigation relating to mobile phone locking.
Internal Investigations
Serve as e-discovery counsel for an electricity generation company in government and internal investigations into compliance with environmental legislation and regulation
For complex internal and governmental investigations, managed a document collection of nearly 7.5 million documents, using predictive analytics to significantly reduce document review volume.
Data Breach Investigations
Advised commercial finance and leasing company as e-discovery counsel for data breach investigation, responsible for developing and implementing strategy to analyze compromised data, assess impact on data subjects, mitigate risks and comply with notification obligations
Global Information Governance and Records Management
Assisted client with reviewing current litigation holds and provide advice regarding dispensation or retention.
Counsel non-profit organization on best practices related to communications information governance.
Prepare record retention schedule including specific record categories related to construction-specific operations and government contractor record retention requirements.
Prepare updated, extensive record retention schedule including document categories for Credit Unions, Procurement, and Maritime records related to vessels, ports, and maritime employees.
Prepared and updated record retention schedule including loan, banking and credit records.
Prepare record retention schedule including record categories specific to commercial loans, mortgages and banking records.
Prepared CORE record retention schedule, and perform additional specific research regarding unique document types relating to radiation materials, laboratory records, clinical and non-clinical study records.
Prepare new record retention schedule consolidating two legacy schedules from merged companies with extensive clinical trials/research record categories.
Prepared new record retention schedule containing longest legally mandated retention requirement based on 50-state and federal survey and conducted additional research regarding additional FDA record retention requirements for companies selling food or supplement products.
Corporate Due Diligence/Mergers & Acquisitions
Conducted contract review and analysis in agribusiness sector through various stages of due diligence review, including pre-auction, after-bid win and ultimately preparation of closing binder for the acquisition of a national farmland portfolio by private investment company.
As part of global retailer's transfer of licensing contracts from Luxembourg entity to UK entity, used smart contract analysis technology to analyze collection of 500+ contracts, determining each contract's governing law, assignment, notice and VAT provisions, and any available contact information for providing notice.
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