eDiscovery Data Preservation

eDiscovery Data Preservation

About Our eDiscovery Data Preservation Practice

Law & Forensics’ eDiscovery Preservation Practice assists companies, organizations, and law firms all over the globe with the identification, collection, and preservation of electronically stored information (ESI). Law & Forensics has successfully identified, collected, and preserved data from thousands of computers, servers, devices, accounts, a range of internet of things (IoT) devices, medical machines, oil platforms, computers, servers, cloud computing service providers, smartphones, mainframes, vehicles, and supercomputers.

Our eDiscovery Preservation Practice group is frequently retained by counsel to assist in civil and criminal litigation, investigations, arbitrations, and other regulatory and administrative proceedings. In addition, our team is frequently appointed by the courts to resolve complex eDiscovery issues, including ensuring the preservation of ESI in complex disputes. We provide our clients with integrated teams of legal, technical, and subject matter experts who are veterans of complex high-stakes litigations and investigations involving large and small companies to lead the eDiscovery Data Preservation Practice.

Our Services

100s of years of collective experience doing eDiscovery. And of course working out of the box and solving problems…

Preservation Investigations Remote and On-site Collection Expert Testimony ESI Preservation Consult Backup Tape Restoration Forensic Imaging Deleted Data Mobile Device

Preservation Investigations

Identify, preserve, and collect critical electronically stored information, manage investigations all over the globe across many devices (e.g., Xbox, iWatch, Ford F150, and Steel Manufacturing control system).
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.

Remote and On-site Collection of ESI

Collect and preserve data remotely – be it from the cloud or from a remote office.
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.

eDiscovery Preservation Expert Testimony

Testify in hundreds of civil and criminal disputes, arbitration hearings, and administrative proceedings both in the United States and abroad.
Provide expert testimony relating to the collection, production, and identification of electronically stored information, and the controls and procedures that allow the defensible identification and preservation of electronically stored information.
Learn more about Expert Testimony

ESI Preservation Consult

Consult to large and small companies and organizations on defensible controls and procedures relating to the identification and preservation of electronically stored information.
Review and edit ESI protocols for counsel on behalf of clients in complex class actions, civil litigations, and arbitrations.
Draft ESI search protocols for complex civil and criminal cases at the request of the parties or via court appointment.

Backup Tape Restoration

Identify backup tape repositories and determine the format, size, and software needed to recover back-up tapes.
Work with organizations to restore backup tapes from legacy and backup solutions.
Consult attorneys on preservation issues unique to backup tape, such as, articulating the distinction between reasonably and not reasonably accessible ESI specific to backup tape data and solutions to attorney and to the courts.

Forensic Imaging of Devices

Perform forensic imaging and collection on many devices that stands up to the rigor of court.
Recover a wide range of data from devices including deleted email, voicemails, internet activity logs, network activity, deleted documents, encrypted data, deleted images, partitions and filesystems, and carved data. Go to Forensic Services to learn more about our offering.
Advise clients working with third-party vendors on best practices relating to preserving electronically stored information (ESI).

Preserve, Identify, and Collect Deleted Data

Utilize forensic software and hardware to identify, preserve, and collect data deleted or wiped from many devices.
Create protocols and strategies that are both defensible and effective for in-house legal teams to leverage when dealing with the preservation of evidence. Learn more about our Forensic Service

Mobile Device Identification, Preservation, and Collection

Identify, preserve, and collect data from mobile devices (phones, tablets, gaming consoles), including Acer, Amazon, Apple, Asus, Blackberry, Google, Hewlett Packard, Huawei, IBM, Motorola, Microsoft, Nokia, Siemens, Sony, Toshiba.
Cull, process, and search ESI using forensic and e-discovery tools.
Advise clients working with third-party vendors on best practices relating to processing and searching ESI from mobile devices.
Learn more about our Forensic Services

Case Studies by Industry

Energy

Industry/Sector: Energy

Type of Case: FCPA Investigation

Description: Hired by outside counsel to assist a global energy company in a complex preservation effort connected to an ongoing FCPA investigation in several countries. Efforts included:

Identified valid and deleted electronic data sources – deleted and valid iPhone messages, emails, photographs, erased documents, internet browsing activity, hidden documents, computer usage habits, and other records from various internal systems.
Preserving a wide range of data formats from mobile devices, laptop hard drives, tablets, servers, and backup tapes,
Collecting information from the source identified above in a defensible fashion while complying with local privacy data laws for various custodians located in different countries.

Construction Company

Industry/Sector: Construction

Type of Case: Trade Secret Theft

Description: Retained by midsize construction company’s in-house counsel to identify, collect, and preserve highly sensitive electronically stored information in a complex nine-figure trade secret dispute. Our efforts were instrumental in completing the eDiscovery process with minimal impact on the organization’s day-to-day operations. Efforts included:

Identified and assessed the sources, formats, custodians, and locations of all the data.
Created and executed a roadmap to collect, organize, process, search, and analyze the ESI while minimizing the impact on the organization.
Ensured preservation efforts accounted for and complied with various international data protection and privacy mandates.
Performed both remote and on-site collection.

Medical Device

Industry/Sector: Healthcare

Type of Case: MDL Litigation

Description: Hired by the plaintiff steering committee to advise and assist with eDiscovery preservation issues such as identifying, collecting, and preserving electronically stored information. Efforts included:

- Worked with steering committee to develop an eDiscovery collection protocol that involved thousands of custodians.
- Interviewed dozens of custodians to identify data repositories and presented the analysis results to the steering committee.
- Collected hundreds of devices in three countries while complying with a complex eDiscovery protocol,
- Processed, searched, and analyzed 40+ terabytes of data (70+ million files) and produced the responsive items to steering committee eDiscovery hosting vendor for review.

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 LnF

3.9k Social Media Accounts

collected, analyzed, and searched

597 Expert and Rebuttal Reports

reports written

eDiscovery Data Preservation Practice Edge

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

Capabilities

Collected electronically stored information from 1000s of mailboxes, computers, and preserved social media accounts from many services, including Facebook, Twitter, Instagram, Pinterest, and WhatsApp. Experienced expert witness in state and federal court on preservation issues; Identified, preserved, and collected ESI from oil platform, medical devices, and vehicles. Drafted and submitted reports regarding reasonable preservation in federal and state court disputes, arbitrations, and administrative hearings. Our eDiscovery Consulting practice has a strong track of working with organizations on complex eDiscovery issues in litigation, regulatory inquiries, investigations, and arbitrations. We have worked on a wide range of disputes, including: Antitrust litigation, Breach responses, CCPA litigation, Civil Rights/Section 1983, Consumer class actions, Consumer Protection Litigation, Copyright and trademark litigation, RICO, Criminal theft of intellectual property, Cybersecurity, Data breach litigation, Economic Espionage, Employee misconduct, Fair Labor Standard Act (FLSA) litigation, FinTech litigation, Foreign Corrupt Practices Act, FTC and FDA regulatory investigations, GDPR compliance, Healthcare fraud, HUD and related FHA investigations., Insurance fraud, Intellectual property theft, Medical device litigation, Merger and Acquisitions (M&A) litigation, Multidistrict litigation, National security, NY DFS investigations, Patent litigation, Pension/ERISA violations, Privacy litigation, Real estate litigation, Regulatory investigations, Securities class actions, Security law violations and SEC regulatory investigations, Shareholder rights litigation, State Attorney General investigations, State privacy investigations, Stored Communication Act violation; technical issues related to Health Insurance Portability and Accountability Act (HIPAA), Trade and Commerce disputes, violations of general Data Protection Regulation (GDPR), violations of the Cybersecurity Enhancement Act of 2014, White Collar Crime investigations, Workplace harassment.

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

Our eDiscovery experts have decades of experience and have both extensive legal and technical expertise enabling our experts to communicate complex and esoteric technological details to lawyers, jurors, or judges. Our experts have access and expertise with a wide range of eDiscovery technologies, including: Access Data, Android devices, Apple devices, ArcMail, Axion (Magent), BlackBag, BlackBar, Capterra, CasePoint, Catalyst, Clio, CloudNine, Clustify, Disco, Discover360, Docsify, DXC Legal Solutions Suite, eDiscovery Point, Encase eDiscovery, Epiq Systems, Everlaw, Exterro E-Discovery Data Management, FrontApp, H5, IBM eDiscovery Manager, ImagineDiscovery, iPhones, iPro, kCura (Relativity), KLDiscovery Relativity, Kroll Ontrak, LegalEdge, LexisNexis (Concordance), Logikcull, Logikcull, Mail Attender, MailXaminer, Microsoft Windows software, MimeCast Email Security., Nebula, Nexpoint, Nextpoint, Nuix, Oona, OpenText (Recommind), OpenText Discovery Suite, Oracle, Page Vault, Proofpoint E-Discovery and Data Analytics, Ringtail, Rocket Matter, SAP, Siebel, Siemens, Sightline by Consilio, SparkPost, Summation, Symantec Clearwell, Viewpoint Integrated Analytics, Wireshark, X-Ways, ZDiscovery, ZyLab eDiscovery, ZyLAB ONE eDiscovery.

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.