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eDiscovery

litigation readiness

Best practices to control costs.

Overview

In the digital era, managing electronic documents during legal disputes and major transactions requires not just legal knowledge but also technological distinction. We combine extensive experience with innovative technology to ensure that document discovery and due diligence are carried out cost-effectively and in compliance with legal and business requirements.

Our eDiscovery Services

Morris James eDiscovery services are continuously evolving with developments in technology and the law to meet the needs of our clients. We leverage the latest technology to assist clients with:

  • Litigation Readiness Consulting: We consult with clients who are frequently involved in litigation to better prepare them for discovery. We advise on retention policies, compliant preservation procedures, proper email and data storage habits, technology vendor selection, and eDiscovery best practices, with the goal of ultimately reducing discovery costs and improving litigation results.
  • Lead Discovery Counsel: Our eDiscovery attorneys collaborate with practice groups across the firm, including Corporate and Commercial, Intellectual Property, Employment, Bankruptcy, and Medical Malpractice, to lead litigation discovery and document review.

We work closely with the client from the very outset of any litigation to develop a preservation plan that is tailored to the needs of the case. Document collection and culling are planned and executed strategically to support the case, comply with relevant court orders, and manage costs. Our eDiscovery attorneys and litigators work side-by-side to plan and negotiate complex ESI agreements with opposing counsel.

  • Special Discovery Counsel: We routinely act as dedicated eDiscovery counsel for other law firms that do not have sophisticated in-house eDiscovery capabilities. Our attorneys collaborate as co-counsel to ensure a meticulous and defensible preservation and collection plan, efficiently handling all of the requirements of the discovery process to support merits counsel.
  • Third-Party Subpoena Response: As one of the few Delaware firms with an eDiscovery group, Morris James is uniquely positioned to respond to third-party subpoenas. Our team efficiently analyzes and manages third-party subpoena responses, ensuring compliance while minimizing disruption to your operations. 
  • Transactional Project Management: We coordinate document review in complex transactions spanning industries and jurisdictions. By utilizing cutting edge technology and meticulous legal analysis, we can produce accurate, cost-efficient results in fast-paced environments.

Why Choose Morris James LLP for eDiscovery?

Morris James fuses a drive to be at the cutting edge of the law and technology with the stability and resources of an established Delaware law firm. Our eDiscovery team supports businesses based in Delaware and worldwide in transactions and disputes. Our clients know that we embody these qualities and more:

Proven Experience: As the only Delaware firm with a dedicated eDiscovery practice, our knowledge of Delaware's eDiscovery requirements and rulings, combined with our extensive practical experience, sets us apart. Actions speak louder than words, and our results tell our story.

Valuable Efficiency: We can see the big picture in litigation, and we understand that your legal costs should not eliminate your litigation gains. Our firm is well-known in Delaware for providing high-caliber services at competitive rates without compromising quality or integrity.

Innovative Technologies: By harnessing the latest in eDiscovery technology, we can streamline the discovery process and reduce costs for our clients. Our eDiscovery attorneys stay up to date on all technological developments in this sector and provide eDiscovery training to all incoming litigation attorneys in the firm,

Comprehensive Collaboration: From pre-litigation consulting to producing compliant discovery responses, we handle all aspects of the eDiscovery process in close collaboration with our litigation colleagues and clients to ensure that our efforts align with case and business strategy.

Our Success Stories 

Our diverse eDiscovery experience includes:

  • Discovery Counsel in Court of Chancery Litigation: Managed eDiscovery for high-profile cases in Delaware and New York, successfully collecting and culling massive amounts of ESI while ensuring comprehensive document review and restricted database access.
  • Lead Counsel in Expedited Section 225 Litigation: Implemented cross-border collection compliant with international privacy laws, streamlining the process and ensuring legality. Achieved rapid settlements through expedited review and handling of complex privilege issues.
  • Debtor’s Counsel in a High-Profile Bankruptcy Matter in a Foreign Jurisdiction: Implemented a strategic preservation plan with limited access to client systems and achieved a significant reduction in collection, resulting in a favorable settlement for our client.
  • Transaction Project Management in High-Profile Spinoff: Coordinated and managed the internal document review team, technology vendors, and out-of-state attorneys in a complex multijurisdictional transaction with documents and ESI stored at multiple sites nationwide. 
  • Led Third Party Subpoena Response in High Profile Chancery Matter: Representing third party financial advisor, collaborated with out-of-state counsel to successfully narrow ESI population by 90%.

The eDiscovery group at Morris James has the legal knowledge and technological skills to give you the cost and strategy advantage in litigation. Contact us today to discover how our eDiscovery services can empower your litigation strategy and help you achieve a successful outcome for your business.

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