E-discovery success is no longer about processing data faster. It is about getting to the facts faster. Those who understand the facts at the beginning of the e-discovery process—not at the end—will design better case strategy and drive down e-discovery costs.
Our e-discovery team has the experience necessary to cull through data effectively and efficiently, while controlling costs and targeting the most relevant data to meet clients’ objectives.
We don’t review documents; we develop facts—quickly and efficiently, driven by strategy to achieve client outcomes. With the proliferation of data and the costs associated with e-discovery, the ability to quickly harvest and develop critical facts is paramount to success.
We have effectively negotiated and defended iterative proportional discovery protocols that significantly reduce the burden of e-discovery, and include protective mechanisms to limit the scope of preservation and discovery to safeguard privileged or protected information.
Our team continually evaluates the latest search and review technologies and their application, and can assist clients in effecting less expensive and more efficient compliant document reviews. We have developed review protocols using the most advanced technologies that result in more accurate coding, significantly faster review rates and lower costs, while maintaining the highest quality.
We have also mastered one of the greatest inefficiencies of traditional document review, the transfer of knowledge from the review team to the merits team. Our entire fact development strategy is centered on delivering the facts necessary for the merits team to make legal decisions. We organize the facts to match the legal elements of the case, obviating the need for expensive and time-consuming second- and third-level reviews. We also provide a written report of the facts, as contained in the documents and cited to them. We do all of this in a fraction of the time (and cost) it takes for traditional review and we can prove it is significantly more accurate.
Our fact development strategies are successful not only in litigation but in many circumstances outside of the typical litigation preparation context. We have utilized our innovative services to assist clients in a variety of scenarios, including the vetting of potential executives and appointees, revisiting M&A due diligence to rectify valuation disputes and achieve purchase price adjustments, and in internal and whistleblower investigations.
Our technology specialists of Tritura Information Governance LLC are adept at working with our clients’ data, whether conducting targeted and remote collections, keyword or concept searches, or processing data into a reviewable format. Our specialists help our lawyers and clients decrease the overall cost of the e-discovery process through the use of culling strategies and advanced technology to target relevant data. Tritura stores data on secure servers and provide our lawyers and clients with access to the data via a web-based document review and management solution. By combining the legal acumen of our Information Governance and e-discovery lawyers with the technical experience of Tritura, we are equipped to handle any electronically stored information (ESI) issue that arises.
Our services include:
- Identification and Collection. Working with e-discovery counsel, we help effectuate legal strategy for identifying and collecting relevant electronic information in a defensible manner.
- Processing, Hosting and Production. At Tritura, we have a wide variety of leading technology in place for the processing, hosting and production of electronically stored information (ESI).
- Document Review. We see document review as fact development. We pioneered the use of advanced technology and specialized document reviewers to quickly harvest the critical facts from the evidence. Getting to the facts faster empowers better case strategy and drives down cost.
- Supporting Investigations and Audits. Outside of the litigation context, our experience in quickly and strategically harvesting the facts from our client’s data is equally critical. Our clients rely on this experience to provide key information to counsel for a variety of scenarios, including regulatory examinations, internal investigations and audits.
We utilize some of the most powerful analytical technology on the market to help achieve our clients’ information governance and e-discovery goals. Among our technologies are Recommind’s Axcelerate® and kCura’s Relativity® platforms. Whether you need intelligent data migration or remediation, an in-depth understanding of your data, or predictive analytics for e-discovery review and production, we have the technology to help.
Collectively, we have assisted and served clients in industry sectors including aerospace and defense, automobiles, banking, chemicals, commercial and professional services, consumer product manufacturing, energy, financial services, food and drink producers, health care, industrial engineering, insurance media, pharmaceuticals and life sciences, private clients/individuals, real estate, retail, software, sports, telecommunications, transportation, travel and utilities.
A few notable matters from 2015:
- Dollar Tree
We were chosen by Dollar Tree to serve as its National eDiscovery Counsel taking over all litigation for the combined Dollar Tree and Family Dollar companies, which includes about 3,000 cases per year. Additionally, we were asked to lead the two companies’ IT integration with related policies and procedures.
- A Major Health System
Two major health systems were merging. FTC approval for the merger was pending the company’s response to the FTC’s second request. Utilizing predictive analytics, we were able to review and produce 4 million documents within six weeks at a fraction of the cost of traditional document review. The company was able to receive FTC approval four months earlier than anticipated.
- A Fortune 200 Retailer
Our client was facing a nation-wide wage and hour class action, facing a very aggressive plaintiff’s firm. We negotiated a proportional and iterative discovery protocol that focused on key custodians and sources, which we litigated and won, reducing the total cost of discovery by about $1 million. We also aggressively held the plaintiffs to their discovery obligations, securing a discovery protocol that required the production of relevant data from class members’ personal e-mail and social media accounts. Many class members refused to participate, reducing the class by more than 30 percent.
- A Major Private Equity Firm
We represented two private equity firms that owned the majority share in a coal-fired power generation facility. The firms were plaintiffs in this litigation, which covered more than three decades. Our IGED team negotiated and obtained an e-discovery protocol that encompassed the latest strategies including iterative stages, custodial tiering, predictive analytics, statistical sampling to prove effectiveness of search strategies, a bucketing approach to privilege and FRE 502(d) agreements. This led to an extremely efficient e-discovery process, even though the volume and complexity of data was immense. This case was a hallmark of cooperation and efficiency.
- Retail Class Action Litigation Data Analytics
We represented a major retailer in a matter alleging SMS text messages in violation of the TCPA. Our group was able to use advanced data analytic and modeling techniques to accurately categorize and identify text messages falling within class period and achieve favorable settlement for the client.