Commercial Litigation

Phillips Lytle’s e-Discovery Practice extends far beyond data collection and review. We offer a comprehensive approach through an e-Discovery & Digital Forensics Practice Team that is well versed in all aspects of e-discovery, digital forensics, and information governance. We also offer breadth of experience, having managed e-discovery in internal investigations (regarding workplace fraud, in anticipation of potential litigation, or in connection with government investigations), as well as litigation (class actions, complex commercial litigation and product liability, labor and employment, personal injury, intellectual property and trade secret matters).

We assist clients with data mapping, internal audits and investigations, responses to government inquiries, and high-volume structured and unstructured data collections and analyses. Our clients rely on our expertise to efficiently identify, preserve, collect, organize, analyze, and if necessary, produce electronically stored information (“ESI”). We provide digital forensics services that enable clients to obtain critical information during time-sensitive internal investigations involving business fraud, trade secrets, and employment matters usually well in advance of any litigation.

Crafting and Carrying Out Effective E-Discovery Solutions for Litigation

In every case, we tailor our strategy to suit the particular needs of each client. Once litigation is reasonably anticipated or commenced, Phillips Lytle works closely with clients to develop, implement and monitor data preservation strategies that address retention obligations while balancing data security risks and business concerns.

We are also skilled in effectively identifying and securely collecting and migrating relevant data, including forensic data, to preserve that data’s evidentiary value.

Phillips Lytle has achieved successful outcomes for our clients by negotiating prudent review protocols that comply with discovery obligations, while minimizing cost and burden. Our attorneys and in-house litigation support specialists then conduct cost-effective but thorough analysis of ESI, often in bet-the-company litigation. Moreover, our technical proficiency and experienced review teams enable careful privilege and confidentiality reviews even in high-volume e-discovery.

Unsurpassed Proficiency in the Latest Technologies and Regulations

We employ the latest technology, including data analytics, data visualization and imaging, artificial intelligence (“AI”) or technology-assisted review (“TAR”), predictive coding, and advanced data analytics, to quickly identify vital issues, even before a single document is produced. Indeed, our attorneys are recognized leaders on these technological advances, frequently appearing as panelists at legal and technology conferences to speak about emerging technology, evolution of case law, and best practices (including pursuant to the Sedona Principles). We belong to a group of select e-discovery legal professionals that produces practical resources to improve e-discovery and information governance, including a practical guide for cross-border data transfers and preservation in the context of the far-reaching General Data Protection Regulation (“GDPR”).

Digital Forensic Investigations in Critical Situations

Our attorneys also regularly conduct time-sensitive digital forensic investigations into ongoing fraud, theft of confidential information, and other improper or unlawful conduct. Much of this work may be undertaken prior to litigation to mitigate damages, gather evidence, and develop the groundwork for effective litigation and expeditious resolution. Our services include identification, collection, and forensic analysis of electronic devices to recover or reconstruct deleted ESI, locate converted assets, and track theft of confidential ESI through metadata and other tracking mechanisms.

Information Governance, Including Secure Data Retention and Destruction

Even before there is an acute need to collect and produce ESI in litigation, we help our clients proactively manage their data with minimal or no disruption to day-to-day operations. Phillips Lytle attorneys in both the e-Discovery & Digital Forensics Practice Team and the Data Security & Privacy Practice Team regularly advise companies on how to efficiently manage the full spectrum of ESI (including e-mail, video and audio recordings, images, documents, mobile device and application data, as well as structured data) in a variety of industries (e.g., health care, pharmaceutical, financial and energy, as well as the education, public and technology sectors). Our attorneys’ business experience and familiarity with a wide range of technologies foster effective communication and meaningful collaboration with companies’ business executives, in-house legal teams, and IT professionals to craft the information governance solutions that comply with legal and regulatory obligations while minimizing data security and privacy risks.

Once data is no longer necessary to comply with business, regulatory or litigation needs, we counsel our clients on the proper ESI destruction procedures.

E-Discovery & Digital Forensics