E-Discovery Analysis and Technology (e-DAT)

Our services include:

• Electronic Discovery and Strategic Counsel in Litigation, Arbitration, and Investigations

• Special Projects and Customized Innovative Solutions

• Information Governance and Records Management

• Corporate Due Diligence and Mergers and Acquisitions

Electronic Discovery and Strategic Counsel in Litigation, Arbitration, and Investigations

We have broad experience assisting clients with the effective management and execution of all phases of discovery, from identification through review and production to presentation. We advise and counsel clients and case teams regarding discovery workflows, best practices, and critical discovery strategy.

• Conduct custodian interviews designed to streamline data collections to reasonably and proportionally identify potentially relevant data.
• Draft and negotiate ESI protocols.
• Negotiate and narrow the scope of response to investigative or regulatory requests, including production formats and privilege logs.
• Negotiate ESI protocols and more narrowed document production requests in responding to Hart-Scott-Rodino Second Requests.
• Navigate and resolve discovery disputes through meet and confer discussions, formal motions practice and oral argument.
• Advise on document preservation requirements and procedures, including best practices for drafting and implementing litigation holds. 
• Develop and execute defensible and cost-effective plans to collect and process electronic data, including new or uncommon data types from non-standard repositories.
• Craft robust discovery requests, objections, and responses that comply with applicable rules.
• Conduct early data assessment focused on identifying the most relevant sources of information, culling non-relevant materials, and otherwise streamlining the overall volume of data at issue as early as possible in the process to save time and costs overall.
• Analyze documents for responsiveness, privilege, and other issues or criteria, including deploying predictive coding workflows, visual analytics and generative AI to isolate and prioritize relevant content for review, spot trends, or discover unexpected connections, in both our clients’ data and opposing parties’ productions.
• Leverage automated tools to identify and analyze sensitive content for redaction or reporting in response to Data Subject Access Requests and data security events.
• Prepare and securely deliver productions that comply with the applicable rules, protocols, and client requirements. 
• Synthesize information and create fact witness, expert witness, and issue document compilations for use in depositions, interviews, other testimony, motions, and affidavits.

Special Projects and Customized Innovative Solutions

Our group has a decades-long track record of leveraging technology to address the unique issues our clients encounter. Our team includes program developers whose sole focus is on identifying, delivering, and if necessary creating innovative solutions for the wide variety of situations and needs that arise in the context of legal disputes and business transactions. 

Information Governance and Records Management

Responsible, defensible, and up-to-date information governance policies and records management practices are key elements of successful business and legal strategies. Providing advice regarding the practical implications of retaining or destroying documents, our e-DAT practice helps clients design systems, implement records management programs, and develop training modules on efficiently managing records consistent with their unique legal, regulatory, and business needs. 

We advise a wide range of clients, ranging from Fortune 100 companies and governmental agencies to small businesses and trade associations. We frequently work with our clients to develop, refine, or update records management policies that incorporate retention schedules and litigation hold exceptions.

Corporate Due Diligence and Mergers and Acquisitions

Smart Contract Analysis

Harnessing the power of machine learning and artificial intelligence technology, our e-DAT team leverages advanced technology to quickly provide detailed summaries of key contract provisions in a fraction of the time at a fraction of the cost.

Integration Planning Support and Legal Project Management

Working with deal counsel on multibillion dollar mergers, we are adept at designing processes for coordinating and conducting antitrust and business sensitivity review of client information to be disclosed in due diligence.