Electronic Discovery & Digital Evidence



Leveraging law and technology to deliver sound solutions

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, we help ensure that eDiscovery is planned and managed efficiently, 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, in conjunction with our network of local partners, 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 this area, but few have experienced litigators fielding the questions, and none can offer attorney-client privileged advice.

Our Approach

  • Analytics - to extract key insights faster
  • Efficient – reduction of data using technology
  • Transparent – fee structure of clearer budgeting
  • Dynamic – workflows customized to project & client
  • Innovative – team of certified eDiscovery specialists
  • Secure – ISO 270001 Data Center

eDiscovery Preparedness

We offer 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, we work with clients to:

  • Prepare key employees to carry out their electronic discovery obligations
  • Notify the necessary IT and records management
  • Provide advice to company management of the time to issue a data preservation notice to employees
  • Select and train an IT or records management liaison to serve as the company’s 30(b)(6) witness
  • Send a preservation letter to opposing counsel when requesting electronic data in discovery
  • Document details of costs, efforts, and deadlines associated with preservation, collection, filtering, processing, review, and production

eDiscovery Counsel and Management Services During Litigation

Once litigation has begun, and the discovery of electronic documents is required, we have 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
  • Analysis of produced material and strategies for authentication and admission of evidence before tribunal

Chancery awards biopharm company $38M for fraud-tainted deal

Law360 | April 23, 2021

This article, covering the Delaware Chancery Court’ s $38.2 million damages judgment in favor of Takeda subsidiary Millennium Pharmaceuticals for its fraud claim against Harpoon Therapeutics, mentions Chicago Complex Commercial Disputes partners Ethan Trull, John Ruskusky and Lisa Sullivan; associate Katie Burnett; senior e-discovery specialist Anders van Marter; and paralegal Donna Long for representing Millennium. Intellectual Property partner Mark FitzGerald, Complex Commercial Disputes associate Tarae Howell, and Intellectual Property patent specialist Angela Hafner, all in Boston, have also played integral roles in the matter.

To stay competitive law firms maintain technological edge

Rochester Business Journal | October 03, 2018

Boston Complex Commercial Disputes partner Jon Sablone and Director of eDiscovery Services Michael Swiatocha are quoted extensively in this look at how law firms are using technology to stay ahead of the competition.

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • BTI Litigation Outlook 2019: “Most Feared Law Firms”—Honor Roll
  • Chambers USA/Global
  • Legal 500
  • Benchmark: Litigation/Appellate
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