Morgan Lewis

eData Electronic Discovery & Litigation Readiness

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Areas of Focus

Litigation
Regulatory
Antitrust
Mergers and acquisitions
White collar
Corporate compliance

Representative Industries

Financial services
Technology
Life sciences
Energy
Shipping and logistics
Chemicals and healthcare
Heavy industry
Labor and employment
Media and information
Pharmaceutical

Fast Facts

  • National discovery counsel to some of the largest Fortune 500 companies
  • Quality control protocol and best practices used by some of the largest companies in the United States
  • Team of 20 full-time partners, of counsel, and associates with in-depth knowledge and skill; contingent workforce of 150 legal professionals
  • National reputation as thought leaders in electronic discovery
  • eData management team members are participants in The Sedona Conference and other eDiscovery think tanks
  • Founders of our own in-house corporate eDiscovery think tank, the Discovery Manager’s Roundtable

Related Publications

07/10/14 Texas Supreme Court Rules on Spoliation Instructions
The court holds that, with rare exception, intent is required for spoliation instructions in Texas.
View all publications

Related News

11/18/13 'Spoliation' Among Legal Risks in BYOD World, National Mortgage News
Partners Scott Milner and Jim Walsh are quoted.
04/22/13 GCs Name Rolls Royce of Law Firms, Law360
Morgan Lewis is included in a list of 18 law firms with the strongest brands in the legal market.
View all news

With the majority of corporate business information now in electronic form, many companies are struggling to manage increasingly large volumes of data. Morgan Lewis’s eData Practice partners with clients’ in-house legal and IT teams to create customized records-management systems that reduce regulatory and litigation risks, streamline discovery processes, and cost effectively serve each company’s long-term business objectives. The overarching goal is to turn electronic data into an advantage, rather than a liability.

Morgan Lewis’s eData team includes attorneys who have backgrounds serving Fortune 100 and 500 clients across a wide range of industries, and who leverage their knowledge to prevent or lessen litigation wherever possible. With a critical eye on each client’s bottom line, eData has the flexibility to tailor its all-inclusive counseling services to efficiently provide any or all of the full range of electronic data management services, including records management, data mining, eDiscovery, compliance, and in-house employee training.

Because eDiscovery inherently carries a high risk of inefficiency and legal noncompliance, the team’s working model emphasizes cost-containment and alternative billing along with a high-caliber, comprehensive command of legal issues.

End-to-End Discovery

We provide full-cycle, all-in discovery services, offering start-to-finish counseling, project management, data analytics, processing, hosting, review and production. From litigation holds and data preservation to negotiations with opposing counsel and discovery motion practice, depositions, and trial support, all facets of discovery-management services are handled by eData attorneys in one full-cycle service. All of our data analytics, processing, hosting, review and production are performed by the team’s dedicated attorneys and technologists at our eData discovery centers in the United States.

An unwieldy process of many parts, discovery is well known for being the most complex and costly aspect of litigation. eData’s project management capability ensures that discovery projects run smoothly, quickly, and efficiently—lowering cost without sacrificing excellence.

eData’s national team offers compliance and prelitigation risk management, eDiscovery consulting, and document review for a range of matters, including those involving:

  • Litigation
  • Regulatory
  • Antitrust
  • Mergers and acquisitions
  • White Collar
  • Corporate compliance
  • Strategy and collaboration

Records Management and Litigation Readiness

Innovative Solutions
Our innovative legal and technological solutions help clients meet increasingly demanding operational, regulatory, and legal compliance requirements, while keeping a watchful eye toward possible future litigation or other challenges.

Our customized eDiscovery-readiness services include:

  • eDiscovery Audit
  • eDiscovery Policies and Practices, including manuals, templates and forms
  • Records-retention policies, schedules, and practices
  • Technology solutions recommended for optimized retention and litigation response
  • Employee training materials
  • Regulatory and recordkeeping compliance

Resources
Our resources include four Discovery Management Centers on the East and West Coasts, a think tank called The Discovery Manager’s Roundtable, and a groundbreaking data-management reference book, the eData Deskbook. Our attorneys are leaders in eDiscovery and information management who work together with clients to exchange ideas and problem-solve as a group.

eData’s proactive, customized approach offers services such as:

  • eDiscovery
    • Analytics, including Early Case Assessment
    • Processing
    • Hosting
    • Relevance review
    • Privilege review
    • Regulatory and recordkeeping compliance
    • Legal-hold process
  • Records management
    • Technology evaluation (infrastructure and process) and recommendation
    • Litigation-readiness plan
    • Development of eData records-management policy and practices

Document Review

The eData team is equipped to handle the processing, hosting, review and production of any size record collection. Our in-house capacity to quickly, thoroughly, and efficiently process, analyze, review and produce massive volumes of paper and electronic records has proven invaluable to clients, whether they are involved in litigation, subpoenas, M&A due diligence reviews, or sensitive antitrust investigations. We have conducted major document reviews for clients from virtually every major industry including retail, pharmaceutical, high-tech, financial services, heavy industry, and healthcare.

The eData team has developed a detailed methodology and best-in-class technology to handle data processing and hosting, as well as a best practices protocol for handling document review within a sophisticated infrastructure. The reviews are led by experienced senior attorneys and staff associates and are completed in our Discovery Management Centers. The eData approach and document review "best practices" are time-tested and handled in the most cost-conscious and efficient ways.

Dedicated Teams, Dedicated Space

Our eData team resides primarily in our Philadelphia, Washington, D.C., New York, and San Francisco offices, but works with colleagues and clients in virtually every one of the firm’s offices. Most of our eData locations include Discovery Management Centers, where eData attorneys and practice technology specialists manage a wide array and vast volume of client materials.

Having worked with some of the world’s largest organizations, we understand business. Likewise, we understand the chaos and uncertainty evolving eDiscovery compliance obligations can cause even in the most sophisticated organizations. eData’s critical advantages include:

  • An experience-based approach consistent with the Sedona Principles, which provide practical, rational guidance in an area desperately in need of realistic and sensible solutions
  • Benchmarking based on the experience and counseling engagements of our eData team across a broad range of clients and industries
  • A project management approach that fosters collaboration, communication, and transparency
  • A team of legal professionals who reflect Morgan Lewis’s quality standards and deliver practical, commonsense solutions
  • Alternative cost and fee structures to protect against runaway expenses

Litigators as Document Reviewers

Every member of our eData team is a skilled litigator with a background in a wide array of practice areas and the most up to date eDiscovery and records-management training. We all have first-hand experience with discovery and the impact of effective (and ineffective) records management and eDiscovery response. We provide real-world, practical advice drawn straight from our experience, not from an academic vacuum.

We offer training that ranges from our CLE attorney courses in document management and records retention, to membership in and influence upon the “best practices” established by the Sedona Conference think tank, to the founding of Morgan Lewis’s own corporate eDiscovery think tank, The Discovery Manager’s Roundtable.

Alternative Billing

eData offers clients cost predictability via the customized alternative billing method that best works for them. Our all-in service offers effective start-to-finish eDiscovery for one flat, unit price. This comprehensive flat-fee discovery service means that our client’s discovery projects will be managed cohesively with clear communication, cost predictability, and accountability. Our clients are able to leave the risks and the burden of discovery to us, while reaping the benefits of our team’s speed, efficiency, and cost-control.

The all-in service is an end-to-end discovery solution that covers all phases of discovery, without hourly rates, per-document charges, or hosting fees. This translates to cost predictability, without hidden or additional charges added later.

eData Deskbook

In 2009, Morgan Lewis eData released the first edition of the eData Deskbook, a guide to understanding the most current discovery methods and federally mandated court requirements for electronic discovery. Authored by the senior members of the eData team, the first edition quickly became an invaluable reference for firm attorneys and clients navigating data management and electronic discovery issues.

The eData Practice recently released their second edition of the eData Deskbook. This second edition includes the newest case law and reflects the changing landscape of this dynamic practice area. To request a copy of the second edition please contact Anette Andersson at aandersson@morganlewis.com.