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E-DISCOVERY

The location, preservation and disclosure of electronically stored information (ESI) have become a central focus not only in litigation, but also governmental investigations and compliance matters. Our e-discovery team will work closely with you to develop responsible, reasonable and defensible plans to address your e-discovery issues.

We're Serious About E-discovery

Buchanan's e-discovery team works with you to navigate e-discovery issues even before litigation is anticipated, threatened or pending. We not only understand the technology involved, but the applicable law.  We also frequently write and speak on e-discovery issues throughout the country. 

Shortly after litigation is commenced, parties must collaborate about discovery of ESI. The lack of early planning may result in unfortunate consequences, including unnecessary costs, failing to meet obligations under the rules and even sanctions.

Thus, to prevent these consequences, our e-discovery team:

  • Advises you on potential e-discovery obligations before, during and after you are a party to a suit or receive a subpoena.
  • Formulates strategies for requesting and responding to requests for ESI.
  • Conducts IT and custodial interviews to assess your internal IT infrastructure and organizational structure.
  • Develops an appropriate collection methodology and overall e-discovery strategy.
  • Performs pre-review data analysis and develops appropriate analytics.
  • Conducts an advanced technology assisted review (TAR), including email threading, near-duplicate analysis, concept search, concept clustering and predictive coding.

Even before litigation is threatened or anticipated, our e-discovery team:

  • Helps you develop and implement effective retention policies to manage their records and accompanying risk.
  • Works with you to develop response plans for litigation, governmental investigations and compliance matters that are tailored to the intricacies of your businesses.
  • Helps you establish and train a litigation response team.
  • Trains your staff on business and litigation issues relating to e-discovery.

Creating a Litigation Response Team

When a matter or case involves e-discovery, having a well-developed team and partnership is critical. Our e-discovery team works with you to mitigate your exposure and to complete tasks efficiently, within budget and on schedule. We also partner with strategic personnel from your legal, IT and business units. This partnership provides the foundation to developing an effective records retention policy and a proactive litigation response plan, as well as an overall vision for handling and measuring your ESI in a cost-effective manner. Backstopping our capabilities is our partnership with D4, a national provider of e-discovery services and computer forensics. 

What's in the E-discovery Tech Toolkit?

Our approach includes:

  • Conducting IT and custodial interviews to assess your internal IT infrastructure and organizational structure.
  • Developing a collection methodology and overall e-discovery strategy.
  • Analyzing data, including email relationship visualization, clustering, gap and timeline analysis, and domain analytics.
  • Using advanced technology-assisted review (TAR), including email threading, near-duplicate analysis, concept search, concept clustering and predictive coding.