Requests for electronic data discovery have become commonplace as companies store more than 95% of their information electronically and wrestle with the advances in cloud computing. Today, eDiscovery is often the single most significant expense in large cases. By combining appropriate legal, technical, and project management resources, Nixon Peabody helps ensure that eDiscovery is planned and managed efficiently, and in a way that protects our clients from the risk of discovery sanctions. We work collaboratively with our clients during all phases of discovery, including eDiscovery planning, data collection, electronic review database design, electronic document review, and production of electronic documents.
Our team brings deep experience working with and advising FORTUNE 500 clients on the complexities surrounding electronic discovery. This experience includes case-specific representation on litigation and investigation-related matters, including those involving civil and criminal litigation, internal investigations, government investigations, and white collar defense. In addition, we can also provide counsel on global issues involving electronically stored information and discovery outside of the United States.
Many law firms claim to have some level of electronic discovery and digital evidence capabilities, but few have a sophisticated understanding of the need for practical and sound advice in this sphere, or the ability to leverage the combination of law and technology to meet client needs. Similarly, many consulting firms offer services in the area, but few have experienced litigators fielding the questions, and none can offer attorney-client privileged advice.
The unique makeup of our team includes experienced lawyers, paralegals, and technical specialists who allow us to provide the focus of an electronic discovery law boutique with the international reach and capabilities of a “Global 100” law firm in order to deliver the full range of strategic advice, counsel, and representation to those facing electronic discovery issues.
In addition to Nixon Peabody’s “in-house” eDiscovery and digital evidence services, our firm has built strong relationships with top-tier eDiscovery, computer forensics, and data security vendors, both nationally and locally. Through a combination of internal and outsourced eDiscovery services, our team has implemented a range of solutions to meet the needs of lawyers and clients during document review and production.
Working with our clients, Nixon Peabody offers a wide range of legal consulting services that provide our clients with defensible processes for the implementation of the preservation, collection, and production obligations of electronically stored information. These include:
- Electronic discovery knowledge sharing sessions
- Electronic data management planning
- Advise clients with respect to cloud computing agreements and legal requirements
- Creation of electronic discovery related policy documents
- eDiscovery vendor selection and management
eDiscovery legal and technology counsel
Once a company suspects or has been notified of pending litigation, Nixon Peabody attorneys can assist with the complex legal and technical issues and plans surrounding the discovery of electronic documents. Nixon Peabody will use its NPPM project management processes and tools to manage the eDiscovery and litigation process from start to finish. Working with our clients Nixon Peabody can be involved in:
- Preparing key employees to carry out their electronic discovery obligations
- Notifying the necessary IT and records management
- Providing advice to company management of the time to issue a data preservation notice to employees
- Selecting and training an IT or records management liaison to serve as the company’s 30(b)(6) witness
- Sending a preservation letter to opposing counsel when requesting electronic data in discovery
- Documenting details of costs, efforts, and deadlines associated with preservation, collection, filtering, processing, review, and production
eDiscovery counsel and management services during litigation
At the commencement of litigation, and before receiving any formal discovery request, a party must disclose to opposing parties certain information, including a description by category and location of documents and data compilations. This requirement means that a party must search available electronic systems for relevant information.
Once litigation has begun, and the discovery of electronic documents is required, Nixon Peabody has the legal and technical resources to assist our clients throughout all phases of eDiscovery:
- eDiscovery planning
- Identification of document custodians, and types and location of data
- Data collection and preparation for electronic review
- Electronic review of potentially relevant electronic documents
- Production of electronic documents