eDiscovery and Litigation Readiness

eDiscovery and Litigation Readiness

Overview

Schiff Hardin’s eDiscovery attorneys are experienced trial lawyers who understand how to integrate eDiscovery with trial strategy. Instead of delegating eDiscovery to technology specialists who have never seen the inside of a courtroom, we rely on first-chair advocates who have the judgment and experience necessary to ensure that the science and technology of eDiscovery does not impede — and in fact enhances — the art of winning cases. 

Our attorneys excel at integrating advocacy and technology in all phases of pretrial litigation.  Our deep technological understanding of a wide array of systems assists us in guiding our clients through the minefield of preserving and producing their increasingly disparate and complex ESI.  We have extensive experience investigating and litigating disputes over alleged eDiscovery misconduct.  Our attorneys also have experience untangling eDiscovery issues to ensure that discovery does not become the main event in a case, threatening a diversion from focusing upon the substantive merits of the case.  Our team also assists clients in building their eDiscovery resources and defensibility before litigation arises.

Experienced eDiscovery Advocates

We assist clients with eDiscovery needs through the entire life cycle of a dispute, including:

  • Assessing whether a preservation obligation has been triggered for our clients, those under their control and their adversaries
  • Determining the most economical and defensible means of preserving data
  • Advising on efficient collection appropriately tailored to the data at issue and stakes of the matter
  • Economically and efficiently reviewing data to be produced
  • Testing our adversary’s understanding of their own systems, suggested approach, and preservation and production efforts through negotiation and, if necessary, deposition
  • Investigating opportunities for cost-saving and cost-shifting throughout the process
  • Presenting complex technical evidence in contested hearings

When an adversary refuses to provide reasonable cooperation in discovery, our attorneys know how to go on the eDiscovery offensive and argue complex disputes before the court. Our attorneys have won case-dispositive sanctions in high-profile matters by developing and presenting detailed technical proof that an adversary has concealed or destroyed electronic files during discovery.

Skilled eDiscovery Technical Advisors

Our eDiscovery attorneys are complemented by an in-house team of experienced litigation technology professionals. Although our team offers the in-house capability to host and review electronic data on multiple sophisticated review platforms, we envision our role as advocates and advisors; our business model does not rely on eDiscovery processing and hosting as a profit center for our firm.

We know there are no one-size-fits-all solutions, and have the independence to help our clients identify the best technology solution for each case on the most favorable economic terms. We have worked with clients with sophisticated in-house litigation support departments, as well as clients with no in-house technological capability, and we can scale our services as necessary to meet the needs of the client and the case.

Managing Electronic Records for Litigation Readiness

Drawing on our litigation experience, we assist our clients with litigation readiness efforts so that when litigation occurs, the client will have its data organized for efficient, economical and defensible preservation and extraction. In this role, we draft record retention and information governance policies; investigate our clients’ systems and create data maps; craft litigation hold procedures and policies; consult on collection protocols; and train our clients’ employees on implementation of these procedures.