Troutman Sanders has launched eMerge, a wholly-owned subsidiary providing consulting, project management and technology services related to the preservation, collection, processing, hosting, review, and production of ESI in litigation and internal/governmental investigations.
Comprehensive E-Discovery Consultations
Troutman Sanders’ Electronic Discovery and Data Management (EDDM) Practice Team consults with clients to develop integrated solutions to manage electronically stored information (ESI) in litigation and internal/governmental investigations. The EDDM team crafts matter-specific e-discovery plans during litigation that focus on the efficient production of ESI in order to move the case forward on the merits while minimizing disproportionate discovery costs. The EDDM Team stays current on developments in the law and technology in this ever-changing area to reduce costs and risks to clients.
The EDDM Team has successfully:
- worked with clients to develop data management practices and litigation response plans to limit the risks and costs associated with e-discovery
- developed and defended litigation strategies that focus the scope of discovery and limit risks and costs
- provided consistent and defensible practices and strategies as national coordinating discovery counsel
- defended against motions to compel overly burdensome and broad e-discovery
- compelled production of ESI from parties who are fallen short of their discovery obligations
- obtained protective orders to prevent unreasonably broad and disproportionate discovery of ESI
- developed cost-effective strategies for handling e-discovery in smaller and mid-sized matters
- developed cost-effective and efficient document production strategies for producing large volumes of ESI in governmental and internal investigations
- utilized strategic relationships with preferred e-discovery vendors for processing, hosting and producing ESI to provide our clients with the latest technology at the best prices
- taken and defended 30(b)(6) depositions related to e-discovery issues and worked with clients to select and prepare appropriate witnesses
- developed cost-effective and creative solutions for production of ESI including the use of shared production databases
Data Management & Litigation Readiness
The EDDM Team works closely with clients’ information technology departments, business leaders, and legal teams to develop client-specific solutions for the cost-effective management of data, including email usage and retention policies, backup policies, compliance plans, preservation protocols, and litigation readiness and response plans. These plans help to streamline the discovery process, create defensible protocols and repeatable processes, and in turn, reduce the burdens and risks associated with meeting e-discovery obligations in litigation and investigations.
Strategic E-Discovery Planning
Once litigation or an investigation arises, the EDDM Team consults with case teams and clients to develop case-specific and cost-effective strategies for managing ESI throughout the entire e-discovery process - preservation, identification, collection, review, production, and presentation. By considering the specific facts and claims at issue, the client’s and key custodian’s data management and storage practices, burdens and costs, and the unique needs of the case, the EDDM Team develops discovery plans that limit the scope of discovery to the most relevant ESI to reduce waste while still meeting discovery obligations.
For example, the EDDM Team recognizes that while some cases may require a detailed document by document privilege review, other matters may be better handled by reliance on a careful privilege search protocol and a well-crafted clawback agreement or protective order under Federal Rule of Evidence 502. Other cases may require the restoration of back-up media and the forensic imaging of home computers, while others may not require such efforts.
In developing e-discovery plans, the EDDM Team also consults with clients on the engagement of e-discovery service providers that manage, process and review ESI, including our preferred provider Troutman Sanders eMerge.
By taking the time to understand the unique issues of each matter and to develop an appropriate and defensible plan for focusing discovery, the EDDM Team helps clients control costs, reduce the risk of sanctions, and affirmatively use ESI to advance their case rather than distract from the merits.
National Discovery Counsel
The EDDM Team has helped reduce the costs and errors, create efficiencies, and reduce risks associated with e-discovery for some of our clients by serving as National Discovery Counsel. In this role, the EDDM Team works with case teams to apply their knowledge and experience with the client’s data management and retention practices, business operations, documents, and personnel to provide consistent and defensible management of the e-discovery process including implementation of holds, identification of locations of responsive ESI, and standardized procedures for collection, review and production of ESI. As National Discovery Counsel, the EDDM Team can maximize its knowledge of the clients systems, business, documents, and personnel to create the most cost-effective discovery strategies for each case and to conduct cost-efficient document reviews and productions.
