Sheppard Mullin

Why should you care about electronic discovery (e-Discovery) as much as Sheppard Mullin does? Because judges and juries do.

Here are some examples:
 

• The largest verdict to an individual plaintiff – $1.45 billion – came after a judge instructed the jury that it could assume the defendant helped to defraud the plaintiff. Why? Because the defendant failed to preserve electronic data.1

• A jury awarded an individual plaintiff nearly $30 million – $20 million in punitive damages alone – after being instructed that they could infer that the defendant destroyed information that would have helped prove the plaintiff's case. Why? Because the defendant failed to take reasonable steps to preserve its employees’ old e-mails.2

• A court awarded $566,838 against a defendant – in pre-trial sanctions alone. Why? Because it found that the defendant destroyed e-mails instead of producing them to the plaintiff.3

E-Discovery issues arise in a variety of contexts, often even before a lawsuit is filed: from every-day data retention policies, to the preservation of discoverable electronically stored information during litigation; from responding to discovery, to knowing what to ask for and how to get it. Sheppard Mullin has the expertise, experience and technology to do it all. Our Firm-wide-attorney e-Discovery Team is ready to work with you and your IT staff to implement a legally sound, individualized, and cost-effective strategy so you can take advantage of the fruits, and avoid the potential pitfalls, of e-Discovery.

The law of e-Discovery is evolving quickly, and our Team stays on the cutting edge. Well before other law firms focused on e-Discovery, we were already working with our clients on the implications of e-records management. Our e-Discovery team follows the trends emerging from legal opinions issued by federal and state courts around the country. We speak on these issues in public and private forums. We utilize the most current technology. And most importantly, we are prepared when called upon to litigate these matters on behalf of our clients, a fact recognized by judges and opposing counsel alike.

Electronic data is here to stay. Just as you are aware of that fact, so too are judges, juries, and your future legal opponents. Sheppard Mullin's e-Discovery Team will help ensure that the data driving your business also drives your litigation – not your adversary's.

[1] Tooher, Billionaire Investor Awarded $1.45 Billion In Fraud Suit Against Morgan Stanley (2006) Lawyers USA [as of Sep. 1, 2006]; Craig, How Morgan Stanley Botched a Big Case By Fumbling E-Mails (May 16, 2005) Post Gazette.com [as of Sep. 1, 2006].

[2] Glovin, UBS Must Pay Ex-Saleswoman $29.3 Mln in Sex Bias Case (Update5), Bloomberg.com [as of Sep. 1, 2006].

[3] Gallagher, Destruction of E-Mails in Patent Case Results in Sanctions of $566,838 (Sep. 14, 2004) Law.com [as of Sep. 1, 2006].

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.