Global leader and one of the original lawyers in Morgan Lewis’s eData practice, Scott A. Milner counsels and advises companies on electronic discovery (ediscovery) and information governance (IG) processes and best practices. He works with Morgan Lewis lawyers across practices to tailor strategies and discovery management plans for clients around the globe in numerous industries and disciplines. Scott’s practice encompasses all phases of ediscovery, from preservation and collection to review and production of large volumes of electronically stored information (ESI).
Scott participates in 26(f) conferences, negotiates ESI agreements and stipulations addressing the scope of preservation of information, and details data that is not reasonably accessible. He also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications.
Clients frequently engage Scott to negotiate discovery protocols with several US government agencies, including the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Department of Labor, the Consumer Product Safety Commission, and the Office of Inspector General of the Department of Health and Human Services, as well as numerous state US Attorneys’ offices. He serves as ediscovery liaison in jurisdictions across the United States, negotiates technology-assisted review protocols, and handles motions related to discovery disputes.
Clients’ in-house legal counsel, technology teams, and records-management departments collaborate with Scott to develop and implement best practices for ediscovery. He develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM) for clients, including a global technology company and a global logistics and shipping company.
In addition, Scott counsels clients in the areas of artificial intelligence (AI) and IG, including drafting and revising AI policies; counseling on AI use cases in the areas of ediscovery, cyber, internal investigations, privacy, and IG; developing best practices for creation of quality control, quality assurance, and validation protocols when using AI; and supporting clients that are developing and rolling out generative AI to support legal and impact on maintaining privilege and potential waiver.
Sharing more than a decade of experience in ediscovery, Scott is a frequent speaker at continuing legal education classes (CLE), seminars, and webcasts. He addresses such issues as case law updates, best practices, and practice pointers for key phases of the EDRM. He also covers crucial trends in ediscovery, including ethics of AI, bring your own device (BYOD), social media, technology-assisted review, cloud computing, ABA ethics rule changes, and the proposed amendments to the Federal Rules of Civil Procedure. Scott often writes articles covering these topics as well.
Results may vary depending on your particular facts and legal circumstances.
Listed, The Best Lawyers in America, Electronic Discovery and Information Management Law, Philadelphia (2023–2025)
Leading Lawyer, Dispute resolution: E-discovery, The Legal 500 US (2023, 2024)
Recommended, Dispute resolution: E-discovery, The Legal 500 US (2021, 2022)
Ranked, E-Discovery & Information Governance, USA, Chambers Global (2018, 2021–2024)
Band 1, E-Discovery & Information Governance, Nationwide, Chambers USA (2024)
Ranked, E-Discovery & Information Governance, Nationwide, Chambers USA (2017, 2020–2023)
Listed, The National Law Journal, Legal Technology Trailblazer (2020)
Listed, Relativity, AI Visionary (2022)
Finalist, Attorney Tech Evangelist, Relativity’s Innovation Award (2021)
Board Member, Advanced eDiscovery Institute Georgetown Law (2021–2024)
Member, Relativity Attorney Advisory Board (2022–2024)
Member, American Bar Association
Member, Philadelphia Bar Association
Member, Sedona Conference Working Group on eDiscovery
Member, User Group of Sedona Conference Technology Resource Panel
Recipient, Green Belt, Legal Lean Sigma®
Planning Committee, Advanced eDiscovery Institute (AEDI) Georgetown Law (2021–2024)
Co-Chair, Advanced eDiscovery Institute (AEDI) Georgetown Law (2023, 2024)
Planning Committee, UF Law E-Discovery Conference (2019–2024)
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology for the above awards can be found here.