Phillips Lytle’s e-Discovery Practice extends far beyond data collection and review. We offer a comprehensive approach through attorneys who are well versed in all aspects of e-discovery, digital forensics, emerging technology, data security and information governance.
We also offer a breadth of experience, having managed e-discovery in internal investigations and litigation regarding workplace fraud and other types of business litigation, in anticipation of potential litigation, or in connection with government investigations. The e-Discovery Team also has experience managing the e-discovery process in class actions, complex commercial litigation and product liability, labor and employment, personal injury, intellectual property and trade secret matters. Our e-Discovery Team’s expertise in the collection and preservation of digital evidence provides our clients unparalleled service in the legal matters they face.
Our e-discovery process allows our team to assist clients with effective data mapping and preservation, internal audits and investigations, responses to government inquiries, and low- to high-volume structured and unstructured hard copy and electronic data collection and analyses. Our clients rely on our expertise to efficiently identify, preserve, collect, organize, analyze and, if necessary, produce electronically stored information.
We provide e-discovery services that enable clients to timely obtain key insights and critical information during time-sensitive internal investigations involving business fraud, trade secrets and employment matters—usually well in advance of any litigation or discovery production.
In every case, we tailor our e-discovery process 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 evidence, 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 e-discovery obligations, while minimizing risk, cost and burden. Our attorneys and in-house litigation support specialists then conduct cost-effective but thorough analysis of electronically stored information, often in bet-the-company litigation. Moreover, our technically proficient and experienced e-Discovery Team enables careful privilege and confidentiality reviews even in high-volume electronic discovery.
A key component of the e-discovery process is utilization of 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 through electronic discovery, even before any relevant documents are produced.
Indeed, our attorneys are recognized leaders on these technological advances in e-discovery, frequently appearing as panelists at legal and technology conferences to speak about emerging technology, evolution of case law and best practices of e-discovery (including pursuant to the Sedona Principles). We belong to a group of select e-discovery legal professionals that produces practical resources to improve electronic discovery, as well as data collection and preservation, including a practical guide for cross-border data transfers and preservation in the context of the far-reaching foreign laws, including General Data Protection Regulation (GDPR).
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 other relevant information, and develop the groundwork for effective litigation and expeditious resolution.
Our e-discovery process includes identification, collection, and forensic analysis of electronic information and devices to recover or reconstruct deleted electronically stored information, locate converted assets, and track theft of confidential electronically stored information through metadata and other tracking mechanisms.
Even before there is an acute need for collecting and producing electronically stored information 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 Practice Team and the Data Privacy and Cybersecurity Practice Team regularly advise companies on how to efficiently manage the full spectrum of electronically stored information, including email, video and audio recordings, images, electronic 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. This allows us to craft the solutions for the collection and preservation of electronic data that comply with legal and regulatory obligations while minimizing business distractions, and data security and privacy risks.
Once e-discovery data is no longer necessary to comply with business, regulatory or litigation needs, we counsel our clients on the proper destruction procedures of electronically stored information.
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