E-Discovery

E-Discovery Services

Litigation Hold & Preservation Strategy

• Development of defensible litigation hold notices
• Identification of custodians and data sources
• Preservation scope analysis
• Guidance on routine document retention policies

Early preservation planning reduces risk of spoliation claims.

Data Collection & Processing

• Coordination with forensic vendors
• Structured collection of emails, servers, and cloud systems
• Chain-of-custody documentation
• Data filtering and culling strategy

Proper collection protects admissibility and defensibility.

Review & Production Strategy

• Review workflow design
• Privilege identification and protection
• Metadata analysis
• Redaction and confidentiality protocol
• Production formatting compliance

Strategic review reduces unnecessary cost and exposure.

E-Discovery Motion Practice

• Motions to compel or for protective orders
• Spoliation defense
• Sanctions defense strategy
• Proportionality arguments under procedural rules

Courts increasingly scrutinize e-discovery practices — we prepare accordingly.

Information Governance & Risk Prevention

• Document retention policy review
• Data management compliance guidance
• Pre-litigation readiness planning
• Regulatory investigation support

Strong governance practices reduce downstream litigation exposure.

Who We Represent

Our E-Discovery practice serves:

• Corporations involved in commercial litigation
• Government contractors facing procurement disputes
• Healthcare and regulated entities
• Financial institutions
• Construction and development firms
• Nonprofit and association organizations
• Executives involved in complex disputes

We work closely with in-house IT, compliance teams, and outside forensic vendors.

Industries Served

We manage electronic discovery matters across industries including:

• Government contracting and federal procurement
• Commercial real estate and development
• Construction and infrastructure
• Financial services
• Technology and professional services
• Healthcare and regulated sectors
• Franchise and multi-location enterprises

Industry context informs data architecture and preservation strategy.

E-Discovery FAQs

What is e-discovery?

E-discovery refers to the identification, preservation, collection, review, and production of electronically stored information (ESI) in litigation or investigations.

When does the duty to preserve documents begin?

The duty to preserve arises when litigation is reasonably anticipated — not only when a lawsuit is filed. Failure to preserve relevant ESI can lead to sanctions.

What is a litigation hold?

A litigation hold is a formal notice instructing relevant personnel to preserve documents and electronic data related to a dispute. Properly structured holds are critical to defensibility.

What is proportionality in e-discovery?

Courts evaluate whether discovery requests are proportional to the needs of the case, considering burden, cost, and relevance. Strategic objections can significantly limit unnecessary discovery.

Can improper e-discovery practices lead to sanctions?

Yes. Courts may impose monetary sanctions, adverse inference instructions, or other penalties if parties fail to preserve or properly produce relevant electronic information.