Modes and methods of communication and information storage have evolved along with advances in technology. As a result, successful outcomes in legal matters frequently hinge upon the preservation, retrieval, and ongoing management of relevant electronic documents and data. Although eDiscovery is recognized as a critical component in case strategy, trial preparation, and negotiation, many practical concerns about the process remain. In less-experienced hands, sloppy coordination of data custodians and documents, poor handling of unwieldy files, needless business disruption, and mounting costs can wipe out any gains, even if the eventual result is satisfactory.
Because of these concerns, clients and co-counsel select Morris James as their firm of choice in matters related to eDiscovery and electronic document management. Our reputation as the premier law firm in Delaware in all aspects of eDiscovery has been earned over years of leadership in the Delaware courts and bar, as a result of the number and variety of eDiscovery cases we have handled, our innovative model for the eDiscovery process, the capacity and depth of our eDiscovery teams, and our superlative track record of successful outcomes.
Plaintiff’s Counsel for an International Corporation Headquartered in the EU
- Worked with client’s in-house counsel to determine that custodian interviews would be the best method for upfront cost control
- Conducted interviews identifying specific data sources, resulting in a total collection of less than 4 GBs for 33 custodians, saving the client approximately $1.25 million in review costs
Defended Corporation Against Preliminary Injunction
- Developed best, worst, and median cost estimates for expedited discovery of 18 custodians; final cost was within a few hundred dollars of the best-case estimate
- Directed the collection of 300+ GBs of data over 36 hours
- Used advanced culling techniques and rigorous documentation to cull 300+ GBs to under 10 GBs
- Orchestrated review and production of 500,000 documents in less than four weeks
Defended Local Government Against Charges of Discrimination and Copyright Infringement
- Directed the collection of active data from 25 custodians
- Manually sorted through old servers, miscellaneous PCs, and poorly labeled backup tapes
- Located source code for disputed software, resulting in success on the copyright claim
Organizations today generate large volumes of data, information and correspondence. When such an organization is subject to a lawsuit, proper preservation must comply with court rules.
As a firm, Morris James has instituted continuous processes improvement and other project management principles and techniques to tightly control costs, while maintaining the integrity and defensibility of the process. We constantly monitor the development of eDiscovery technologies to provide our clients and attorneys with the highest quality, most efficient, and effective tools available.
Outlined below are descriptions of Morris James’ comprehensive eDiscovery services. For more detailed information, or to learn how we can assist with your particular need, please contact Richard K. Herrmann, at 302.888.6816 or firstname.lastname@example.org.
Litigation Hold Drafting and Tracking: Our eDiscovery Team will develop a litigation hold letter, customized to your particular circumstances, based upon the matter type and the intended recipient (data custodian, client contact person, client IT person).
After the hold letter is issued, we track hold letter acknowledgements, issue hold reminders, and track hold reminders issued to the client’s primary contact and IT person and each data custodian. Our team maintains oversight over hold letter recipients, as well as each individual identified as possibly possessing or controlling potentially relevant data.
Identification of Custodians and Data Sources: Our eDiscovery Team works with your designated client contacts, including your IT staff and litigation team, to identify individuals likely to possess or have control of relevant data, as well as to detect all potentially relevant non-custodial data stores, including legacy and backup data hoards.
Custodian Interviews: We interview all identified custodians in order to understand their role in the litigation and the documents or data they may have created. Our eDiscovery Team compiles a summary containing the results of all interviews in one document for easy reference.
Preservation Planning and Coordination with IT: We develop a written plan to preserve potentially relevant data, including documenting the reasons for preservation exclusions. Our eDiscovery Team oversees and monitors the execution of the plan.
Develop Data Culling Strategy: We design a strategy to include search term and string development and identification of relevant date range(s).
Liaise with Opposing Counsel: Our eDiscovery Team meets with opposing counsel to discuss preservation and collection scope and methods, custodian and data store identification, search term development and negotiation, and production format and timing.
Compare Vendors: We evaluate eDiscovery vendors for their suitability to the matter at hand based on the factors of reliability, technological capacity, and pricing. We standardize vendor pricing models to generate estimates that compare apples-to-apples.
IT and Vendor Coordination: We determine the most appropriate method for data collection, including the individual or group responsible for physical collection. Members of our team actively oversee the targeted collection of data.
Keyword Testing: Prior to final keyword application, eDiscovery Team members test each term or search string to determine suitability. We will renegotiate overbroad terms or strings with opposing counsel.
Data Tracking: We maintain authenticity and admissibility of data by tracking the movement of all data, including using chain of custody logs where appropriate. All original data is securely held in pristine condition with working copies used during the discovery process.
Develop Review Workflow: We design a review workflow procedure to maximize efficiency, identify specific features needed in the document review platform (e.g. automated batching, technology-assisted review, concept analytics, etc.), and to determine whether contract reviewers are required.
Contract Review Coordination: Our eDiscovery Team works with staffing agencies to select reviewers from the most cost-effective geographic location, whether onshore or offshore. We will vet the review site’s physical security and evaluate the credentials of individual reviewer candidates to select those best suited to the particular review.
Review Workflow Implementation and Oversight: We work with the selected vendor to implement the desired review workflow, including any workflow automation, and oversee workflow execution to ensure conformance with the workflow plan. The elements of the procedure include:
- Quality Control: We actively monitor the work product of reviewers to ensure accuracy and identify systemic errors early for quick correction.
- Batching & Batch Management: We will ensure that documents are being batched properly and that batches are timely distributed and completed.
- Cleanup: We ensure that review is completed for all documents requiring review and resolve all technical or processing errors.
Oversee and Track Productions: We oversee the initial, small-scale test production to evaluate specifications, perform quality assurance checks on all outgoing productions before delivery, and log all outgoing productions for later reference.
Coordinate with Vendor: From collection through the final production, there are numerous minor tasks required to be performed by the vendor. Our eDiscovery Team ensures that those tasks are properly communicated and completed.
Documentation: Our eDiscovery Team will make certain that project milestones and notable occurrences not captured elsewhere are secured in timeline format in a written narrative. This ensures that the project story is maintained for later reconstruction to bolster defensibility.
Delaware eDiscovery Report