eDiscovery Consulting

eDiscovery Consulting

About Our eDiscovery Consulting Practice

Our eDiscovery Consulting Practice works with clients in all phases of the discovery process all around the globe. The eDiscovery Consulting team has a proven track record of consulting clients through all phases of the eDiscovery process to deliver successful outcomes. Our eDiscovery Consulting team members have consulted on eDiscovery issues in hundreds of civil and criminal high-stake disputes in state and federal court. Our eDiscovery Consulting practice combines diverse backgrounds in law and technology allowing us to solve problems and deliver results where others fall short.

Our eDiscovery Consulting team has collected data from all over the globe and from all types of devices including vehicles, medical devices, oil rigs, iPhone, ATMs, and weapon systems. Our eDiscovery Consulting team has a proven track record working for Plaintiffs, Defendants, Regulators, and Courts delivering results where most companies fail. Our eDiscovery Consulting team has 50+ years of experience and its team members are involved with the Sedona Conference, Legal Cyber Academy, and Rutgers School of Law.

Our Services

Legal Holds Software Solutions Forensic Investigations Data Management Process and Search Legal Engineering eDiscovery Mediation Expert Witness Predictive Coding

Legal Hold Process

Create legal-hold programs and solutions for companies that may include developing a program that meets legal, audit, technology, and compliance requirements.
Review, update, and create existing legal hold and data retention policies and controls specific to legal holds and eDiscovery.
Evaluate and select vendors to implement litigation hold solutions.
Develop and deploy litigation hold training for the enterprise and system users.
Assist companies in evaluating, implementing, and migrating to new eDiscovery and legal hold offerings.

eDiscovery and Legal Software Solutions

Work with large and small companies to identify legal technology solutions that meet their needs.
Assist companies evaluate, select, and deploy document hosting and review platforms often at the direction of in-house legal and IT teams that are bringing some or part of eDiscovery in-house.
Review, update, and create eDiscovery policies, work instructions, SOPs, controls, and processes as they relate to the various stages of eDiscovery for companies.

Forensic Investigations

Perform forensic investigations using a strategic, systematic, and economic approach across a myriad of data sources and devices.
Conduct forensic investigations of suspected fraud, bribery, corruption and money laundering by both internal and external stakeholders.
Identify, collect, analyze, and search specific custodians repositories across multiple locations, devices and servers using eDiscovery and forensics tools.. Learn more about our Forensic Investigations practice.

Preserve, Identify & Collect Data

Identify, analyze, collect and preserve custodians ESI across multiple locations, devices, and servers.
Collect data using eDiscovery or forensics tools and developing efficient and defensible collection plans, including tracking and documentation.
Perform on-site investigations to identify, collect and preserve data all over the globe; with multiple locations in the United States and around the world, our team is ready to go at a moment’s notice.
Learn more about our preservation services

Process and Search Electronically Stored Information

Cull large amounts of data collected using forensic and eDiscovery tools in a defensible fashion.
Advise clients that are working with third-party vendors on best practices relating to processing and searching electronically stored information.
Perform a complete and defensible data collection process that allows for the collection of relevant ESI that is defensible and can withstand judicial scrutiny.

Legal Engineering

Create protocols and strategies that are both defensible and effective.
Draft and track legal hold notices for electronic evidence. Develop and analyze custodians and document locations across multiple devices and servers.
Design a protocol for review, protection, and production of documents.
Prepare in-house technical employees for 30(b)(6) depositions using our unique insights and experiences in this area.
Analyze opposing parties’ eDiscovery susceptibilities and develop responsive strategies.

eDiscovery Mediation

Mediate search terms, collection, preservation, production, and protocol disputes between parties in civil and criminal disputes, saving parties hundreds of hours and thousands of dollars in unnecessary motion practice.
Facilitate dialogue and assist parties and their experts by designing mutually agreeable keywords, search and production protocols, and preservation scope.

Expert Witness

Law & Forensics team members have a wealth of experience serving as expert witnesses and consultants on eDiscovery issues in a wide range of disputes, including antitrust investigations, intellectual property theft matters, Foreign Corrupt Practices Act (FCPA) investigations, white-collar crime, Ponzi schemes, large executive embezzlement fraud cases, MDL and class actions, and product liability cases within the medical, software, and pharmaceutical industries, among others.
Serve as an expert witness for depositions on a wide range of eDiscovery issues, including preservation, spoliation, collection, and production.
Learn more about eDiscovery Expert Witness

Technology Assisted Review and/or Predictive Coding

Provide technology assisted review and technical and protocol expertise to design, implement and deploy solutions that are both defensible and efficient.
Work with attorneys to develop and create predictive coding solutions that can accelerate document review and demonstrate statistically that it matches or possibly exceeds the quality of human review to withstand judicial scrutiny.

Case Studies by Industry

Gaming and Entertainment Company

Industry/Sector: Entertainment

Type of Case: eDiscovery Playbook

Description: Hired the General Counsel and Chief Information Officer to create an eDiscovery Playbook™ for a multibillion-dollar gaming company. Efforts included:

- Delivered a playbook that laid out a legally defensible process for identifying, collecting, processing, and producing responsive ESI for all legal matters the company faced.
- Allowed the legal department to follow the steps in the playbook to conduct e-discovery in any legal matter.

Class Actions

Industry/Sector: Legal

Type of Case: Multi-District Litigation

Description: Retained as an eDiscovery consultant to work on dozens of class actions for both the plaintiff and defense counsel on all aspects of discovery. Efforts included:

- Designed mutually agreeable keyword searches that streamlined the discovery process and saved the parties substantial time and money in a large class action.
- Crafted search terms and search protocols that were adopted by the parties and drove substantial value in saving the parties time and money in relation to eDiscovery.
- Worked with the parties to draft a protocol for the Request of Production and the Demands for Inspection to provide the parties with the information and avoid disclosing privileged or confidential information on behalf of the parties.
- Collected 80+ terabytes of data stored in hundreds of devices across 100+ custodians and using Technology Assisted Review and other search technology to cull an initial set of twenty million potentially responsive documents into a small subset for counsel to review. Searched thousands of gigabytes of data using Technology Assisted Review platforms to locate and produce responsive documents to opposing counsel.
- Collected and searched 3+ million documents and reviewed the opposing party’s discovery production resulting in the discovery that the opposing party had withheld 14+ thousand documents that demonstrated they had stolen and incorporated clients’ IP into their products, efforts helped to facilitate very favorable settlement for clients.

Energy Company

Industry/Sector: Energy

Type of Case: Breach of Contract Litigation

Description: Hired by a global energy company to assist on various complex eDiscovery issues. Efforts included:

- Created an ESI search protocol for litigation that was deemed acceptable by both sides and was adopted with minimal edits.
- Developed an eDiscovery program that included controls and technologies.
- Authored templates for legal hold notices and implemented eDiscovery systems to support this work.
- Consulted on eDiscovery issues that involved several cases focusing on designing a protocol for review, protection, and production of documents and preparing in-house technical employees for 30(b)(6) depositions.
- Assisted outside counsel in a $10+ million dispute by analyzing the opposing parties’ e-discovery susceptibilities and developed responsive strategies. Our consulting efforts enabled the company to save millions of dollars in legal spend and avoid substantial eDiscovery issues in multiple cases.

Internet Technology

Industry/Sector: Technology

Type of Case: Trade Secret Case and Employment Litigation

Description: Retained by outside defense counsel as an eDiscovery consultant in a complex employment and trade secret dispute involving two global Internet technologies. Efforts included:

- Advised on reasonable eDiscovery efforts regarding the recovery of data thought to be destroyed or lost.
- Created an in-depth and court-approved eDiscovery protocol to survey electronic devices.
- Authored an expert report concerning the reasonableness of form and scope of preservations. Our efforts were instrumental in assisting the organization to achieve a favorable outcome.

1.23k Cases

solved to date

10.4k Computers

forensically analyzed

3.9k Mobile Devices

collected, scanned, and analyzed

54.1k Mailboxes

collected, analyzed, and searched by L&F

3.9k Social Media Accounts

collected, analyzed, and searched

597 Expert and Rebuttal Reports

written

eDiscovery Consulting Practice Edge

Cyber Insurance for Law Firms: Understanding the Cyber Risk Policy and Key Considerations for Law Firm Policy Holders

Capabilities

Proven track record of creating eDiscovery and protocols in state and federal civil litigation and arbitrations adopted by the courts and tribunals with successful results. Our eDiscovery Consulting practice has advised hundreds of private and public organizations and worked with law firms, big and small, to deliver eDiscovery solutions on all aspects of the eDiscovery process over the past two decades.

Annual Review of Regulations of Bitcoin and Blockchain in the United States and Abroad

Competitive fees

Our fees structure is competitive, and we offer clients success based, hourly and fixed fee arrangements while ensuring that each engagement is spearheaded by a senior member of our team, with significant knowledge and experience.

Expertise

Familiar and proficient with dozens of eDiscovery platforms and related legal technology, including: Everlaw, kCura (Relativity), Logikcull, Exterro, CloudNine, ZyLAB ONE eDiscovery, Nextpoint, Encase eDiscovery, Viewpoint Integrated Analytics, Symantec Clearwell, OpenText (Recommind), IBM eDiscovery Manager, Wireshark, X-Ways, FrontApp, SparkPost, Mail Attender, Docsify, Catalyst, Epiq Systems, Kroll Ontrak, Axion (Magent), BlackBag, Capterra, iPro, LexisNexis (Concordance), Nuix, Access Data, ZDiscovery, Exterro, Disco, Nexpoint, Ringtail, OpenText Discovery Suite, Proofpoint E-Discovery and Data Analytics, Nebula, KLDiscovery Relativity, BlackBar, DXC Legal Solutions Suite, Discover360, eDiscovery Point, Sightline by Consilio, Summation, Exterro E-Discovery Data Management, ZyLab eDiscovery, Oona, MailXaminer, Page Vault, ArcMail, CasePoint, Clustify, H5, ImagineDiscovery, Clio, Rocket Matter, LegalEdge, MimeCast Email Security.

Review of Alternative Dispute Resolution Case Law in 2018

Quality Control

Every engagement follows a rigorous set of quality controls to ensure that the deliverable meets the client’s needs.