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Indepth Understanding and Experience
The discovery of electronically stored information (ESI) is a key component to every federal case, due to the 2006 Amendments to the Federal Rules of Civil Procedure. Similar requirements are also incorporated into many state and regulatory procedures. Recognizing the importance of ediscovery to our clients, Howrey is a leader in all aspects of ediscovery including preservation, collection, processing, hosting and review of ESI. From second request merger review to intellectual property litigation to commercial litigation, Howrey is experienced in managing the ediscovery process to reduce the cost and risk from ediscovery.
Attorneys Experienced with eDiscoveryLong before the Federal Rules of Civil Procedure were amended to cover ESI, we recognized the tremendous importance of ediscovery from both a risk and cost standpoint. Our trial attorneys have been trained in ediscovery, and Howrey has a standing eDiscovery Committee with partner representatives in each office. Our eDiscovery Counseling practice aides clients with case-specific solutions or comprehensive ediscovery response programs.
Dedicated Staff Attorney TeamThe review of data can be an enormous expense. The use of analytics and processes to limit the universe of materials subject to first and second level review increases efficiency and reduces expense. Howrey has built a highly sophisticated team of 60 staff attorneys dedicated to analyzing and reviewing ESI using leading edge review tools and platforms. Importantly, these staff attorneys are trained in managing and monitoring contract attorneys, who are used in our more sizable and time-sensitive reviews.
Capital Litigation Support More than a decade ago, Howrey created its own ediscovery subsidiary, Capital Litigation Support, dedicated to providing full service ediscovery support to our trial teams behind our own secure firewall. Capital Litigation Support is housed in our trial and litigation technology center and services the ediscovery needs of our domestic and international offices. Experienced ediscovery project managers are trained in local and enterprise collection, processing and database management. Our project managers have experience in collecting data from numerous sources, including: hard drives, network shares, e-mail servers, backup tapes, backup systems, journaling systems, personal drives, PDAs, VOIP systems, individual employee archives and individual disks/media. We have the ability to review and produce in multiple formats including native, paper, searchable paper (scanned/OCR’d), searchable PDFs, TIFFs, and load files for viewing with other review software.
eDiscovery Litigation and Consulting ServicesTo reduce the cost of and risk from ediscovery, it is imperative to proactively establish a process and infrastructure to address the preservation, collection, production and review of ESI. In this regard, our ediscovery lawyers also provide a wide variety of ediscovery and records retention consulting services to our corporate clients worldwide, including: - Implementing ediscovery response programs (e.g., policies, guidelines, tools)
- Conducting gap analysis and risk audits relating to ediscovery
- Negotiating and implementing agreements regarding the preservation, search and production of electronically-stored information
- Acting as national coordinating ediscovery counsel (working with our in-house and outside counsel) to implement best practices
- Educating in-house and outside counsel on best practices relating to ediscovery
- Responding to ediscovery requests
- Resolving legacy data questions and designing and implementing defensible data sampling plans
- Evaluating and managing relationships with vendors
- Implementing records management programs including policies, procedures, schedules and education
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