eDiscovery presents critical and potentially costly challenges for companies facing litigation or government investigations. In today’s rapidly evolving technological world, failing to properly manage enterprise data and eDiscovery issues can have severe consequences ranging from sanctions to adverse publicity to business interruption. Avoiding these pitfalls requires retention of experienced, innovative and resourceful counsel.
Dechert lawyers skillfully guide clients through every aspect and phase of electronic discovery. We also work with clients to design and implement cost-effective and efficient records management and litigation readiness programs to reduce the burden, cost and risk of future eDiscovery. Our legal and strategic experience combined with our technical expertise makes us effective client advocates and advisers both in the courtroom and in the boardroom.
Litigating eDiscovery Matters
Dechert’s eDiscovery and data management team understands the interplay of technology and modern litigation. Clients have retained us as litigation and strategic counsel in a broad array of complex matters, including national and state class actions, MDL and multi-jurisdictional litigation, parallel proceedings and government investigations. Beyond effectively managing every stage of the eDiscovery process from collection to production of millions of pages of documents and bytes of data, we proactively defend our clients’ eDiscovery processes to avoid adverse outcomes and to minimize the impact of discovery on our clients’ overall litigation strategies.
Recent examples of our client work include:
- Successfully defending against production of an enterprise database in a multi-state product suit
- Favorably resolving a sanctions hearing on behalf of multi-national pharmaceutical company
- Acting as lead counsel in innumerable eDiscovery hearings, Rule 26(f) meet-and-confers and court conferences
Flexible, Creative and Cost-Effective Solutions
Dechert’s eDiscovery and data management team strives to develop creative, cost-effective solutions tailored to each client’s specific litigation demands and budget. Clients benefit from our team’s broad familiarity and experience with technology and relationships with leading eDiscovery vendors and forensic experts. Because we are not tied to one vendor, review model or platform, we are free to use a wide variety of analytic search and review tools and methods to reduce the scope (and thereby the associated burdens and costs) of discovery and accelerate a client’s critical knowledge of the facts giving rise to litigation or an investigation.
International Experience
With globalization, the explosion of electronic data (email, the Internet, and social media) and data center consolidation, discovery of documents and data held overseas is increasingly a reality of U.S. litigation. Overseas discovery laws, particularly in the EU and Asia, are rapidly evolving and key aspects of laws governing data remain unsettled. With its global offices, Dechert is well positioned to help multi-national companies manage the challenges of international eDiscovery, particularly in navigating complex data privacy laws governing international discovery.
Litigation Preparedness
Given the enormous potential costs of eDiscovery errors, many companies have retained Dechert to assess their eDiscovery preparedness even before litigation has begun. Dechert lawyers regularly assist clients with ensuring the integrity and sufficiency of their e-Discovery and information management processes and procedures. We also assist clients with the development of proactive systems to prepare for and limit the cost of eDiscovery in future litigation or investigations through record retention policies, back-up policies, compliance plans, preservation protocols, data mapping projects, litigation-hold programs, eDiscovery risk assessments and litigation readiness and response plans.
Start-ups to Fortune 100 companies in a broad spectrum of industries rely on Dechert’s eDiscovery and data management team to create and implement practical and cost-effective plans to address the rapidly evolving data discovery and management challenges they face.