1) E-Discovery and
Data Management
Attorney Advertising
Managing Litigation
in the Digital Age
2) Every day, 12 billion corporate
e-mails are created. That
number doubles annually.
Litigation success starts with
a sound eDiscovery and
data management strategy.
3) The costs and potential liability arising from
eDiscovery-related issues are areas of increasing concern.
Experience matters.
CHARTING A COURSE FOR SUCCESS
We reviewed the global IS infrastructure of a major international pharmaceutical company and
produced a roadmap for electronic discovery that covered technology systems, functionality,
and assets likely to be areas of focus during eDiscovery. The map was designed as a living,
working document that could be continually updated and referred to during active litigation
and for the future.
STRUCTURING SOLUTIONS IN COMPLEX SITUATIONS
A manufacturer of military vehicles asked us for guidance on electronic and paper record storage
and retention for its operations nationwide. We reviewed existing retention policy, developed a
protocol and information collection procedure for interviewing custodians, assessed existing record
stores and analyzed record types to revise the retention schedule, and trained the teams that would
lead and conduct the records analyses. We also guided the formation of litigation hold teams in
each business unit and conducted an educational program on the litigation process and eDiscovery
procedures and requirements.
BUILDING A CASE WHEN THE STAKES ARE HIGH
The Special Litigation Committee of a real estate finance investment trust’s Board of Trustees
called on us to assist in its investigation of, and response to, derivative litigation claims brought
against its directors and officers. The claims arose from the trust’s investment in securities issued
by real estate companies that became devalued during the collapse of the real estate and credit
markets. We conducted a 10-month investigation that included the collection and review of
more than 400,000 primarily electronic documents that covered a three-year period and a broad
range of subjects, including highly technical accounting issues. Working with a forensic computer
consultant, we collected electronic documents from e-mail accounts, network servers, and file
servers from offices in three countries. We also conducted more than 30 witness interviews.
Finally, we prepared a report in which the committee concluded that the allegations had no merit
and filed a motion to dismiss. The parties reached a settlement.
IDENTIFYING OBSTACLES AND INCREASING EFFICIENCY
We helped a national company in a software patent dispute identify data sources, resolve retrieval
issues with archived data, and track down data held by another company. The resulting data
set included several hundred thousand loose files. Through searches and data restrictions, we
reduced the number of loose files that needed to be added to the review set and processed,
resulting in significant cost savings. The subsequent review involved more than 800,000 e-mails
and attachments.
OUR CLIENTS
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Pharmaceutical and
medical device
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Chemical
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Financial services
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Software
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Automotive
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Construction
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Health care systems
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Education
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Manufacturing
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Utilities
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Real estate
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Accounting
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Technology
4) Our E-Discovery and Data Management lawyers
are seasoned litigators who understand how to build
a case, contain costs, identify potential pitfalls, and
navigate the maze of data laws.
We have experience helping clients both before and during litigation:
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Serve as national discovery counsel
Draft document retention and records management policies that reduce costs
Develop litigation hold policies and legal preservation requirements
Negotiate cloud computing contracts
Create litigation-friendly data maps and implement defensible data retrieval and
processing procedures
Advise on foreign data privacy laws and requirements
Represent clients in Rule 26(f) conferences
Defend IT professionals in 30(b)(6) depositions
Conduct internal investigations and compliance audits
Negotiate ESI protocols and confidentiality and protective orders
Defend clients in spoliation and sanctions hearings
Counsel clients on Freedom of Information Act and other right-to-know acts
Assist in vendor selection
Draft and advise on social media policy
Manage data breaches
OUR TEAM
Attorneys from the following
practices work together to advise our
E-Discovery and Data Management
clients:
• Antitrust
• Construction Dispute
Resolution
• Consumer Class Action
Litigation
• Consumer Financial Services
• Intellectual Property
• Life Sciences/Technology
• Mortgage Banking
• Privacy and Data Security
• Product Liability and Mass Tort
• White Collar/Investigations
5) Atlanta | Baltimore | Bethesda | Delaware | Denver | Las Vegas | Los Angeles | New Jersey | New York
Philadelphia | Phoenix | Salt Lake City | San Diego | Washington, DC | www.ballardspahr.com