E-Discovery & Records Management

Technology has dramatically changed the landscape for discovery, litigation, and records management. The cost and internal disruption caused by poorly managed e-discovery can be significant. Inadequately planned and implemented e-discovery risks discovery sanctions. At the same time, a well-executed e-discovery program can yield a treasure trove of relevant documents. Discovery today requires a deep understanding of how data is collected, stored, and managed. You need a team that can help you avoid issues on the front end through use of a well-planned, effective records management program, and, in litigation, understand how to demystify the terminology and negotiate the e-discovery protocol using strategic and defensible limitations to discovery requests. Avoiding the inadvertent production of privileged or nonresponsive information is critical.

In litigation, our attorneys and technology professionals work with clients to tailor an effective and efficient process that encompasses extracting the appropriate documents, reviewing them for privilege and relevance, managing production, and responding to opposing counsel and the court. Our process is carefully tailored to each client’s specific needs, addressing and finding appropriate solutions to concerns about costs and resources. We also have deep experience with  retrieving and searching our opponents’ productions.

Quick Facts

  • Deep understanding of IT infrastructure, including e-mail systems, structured and unstructured data repositories, billing systems, and other IT resources
  • Sophisticated technology for handling cases involving substantial electronic discovery
  • Over the past 5 years, we have led large document reviews involving more than 2 billion documents for clients in a variety of technology-related industries
  • Ability to harvest, code, store, and control large litigation datasets
  • Ability to negotiate true “best-price” agreements with national and local vendors
  • Understanding of the regulations governing companies including HIPAA (and state equivalents), privacy regulations, and international data transfer limitations
  • Helped over 40 companies draft and implement concise, user-friendly records management protocols

Areas of Focus

  • Records management
    • Prelitigation document management consultation
    • Drafting and implementing policies and procedures
    • Document retention periods

  • E-Discovery
    • Data intrusion
    • Digital forensics analysis and procedure
    • Metadata
    • Spoliation

Rankings & Recognitions

  • Attorneys ranked by Best Lawyers and Super Lawyers

Representative Experience

  • Managed the review and production of corporate documents for an antitrust class action case brought by approximately 20 defendants against one of the nation’s largest media companies involving the collection and review of more than 45 million pages of data.
  • Coordinated and oversaw the collection, review, and production of more than two terabytes of data — approximately 85 million pages — for a Fortune 20 pharmacy services company relying on the identification of primary review sources using early case assessment technology and review metrics.
  • Currently serve as national e-discovery counsel for a leading biotechnology company building a litigation document database and coordinating discovery efforts in more than 15 state, federal, and international jurisdictions.
  • Implemented a litigation hold and document collection protocol for a diagnostic developer and manufacturer with no litigation experience or readiness requiring a comprehensive analysis and identification of more than 30 company employees in Europe and the United States as well as the preservation and collection of more than 2 million pages of documents.
  • Developed a comprehensive document collection plan and thereunder reviewed and produced more than 1 million documents relating to a dispute regarding a pharmaceutical commercialization and marketing collaboration agreement between two life sciences companies using a combination of document review and Mintz Levin attorneys.
  • Helped more than 40 companies draft and implement concise, user-friendly records management protocols. Our process starts with a short survey, which our clients complete, to help us address specific requirements. We then provide a budget, and an implementation timeline, to ensure that clients understand, and aren’t surprised by, the proposed investment and deadlines. Finally, we draft and explain a records management protocol tailored to each client’s business needs and corporate culture, to help ensure a smooth, sensible implementation.

Clients We Serve

  • Public and private companies of all sizes
  • Any company sued in a class action
  • Retailers
  • Telecommunications carriers (Internet, mobile, cable)
  • Pharmaceutical / health care companies

  • The Recorder Discovery Reform Comes to the Northern District Ben L. Wagner discusses the new guidelines that affect how attorneys address ESI retention, production and requests.