eDiscovery Case Studies: Advice and Counseling

Representative eDiscovery and privacy engagements independent of litigation include the following:

• Litigation Readiness, eDiscovery Technology Deployment, Privacy and Data Breach Counseling. Orrick is working with a multinational company to develop and implement an internal eDiscovery archive, preservation, collection and processing solution. Decisions by in-house and outside counsel regarding preservation, collection, processing, review, production and ultimate disposition will be mapped to technologies to create a well-documented audit trail. We also worked with this client to design and draft its global website and employee data privacy policies, including policies pursuant to COPPA and the European Union’s privacy directives. The policies have been implemented and now govern the company’s collection, protection and use/disclosure of personally identifiable information and other data collected from website users, customers and employees. We also assisted this client with developing its data-breach notification policy and protocols.
• Information Management. We currently counsel both emerging and well-established companies on eDiscovery and records management. We assist these clients in developing records management, disaster recovery and email management policies. We have consulted on the deployment of related technology including the selection of email archive systems. We further assist with the creation and implementation of standardized preservation protocols and selection of preferred eDiscovery vendors.
• Secure Disposition of Stale Data. When a client relocated its operations, we advised on the disposition of stale information and transfer of company data overseas. We also assist clients in the organization and if appropriate, disposition of stale legacy and backup data.
• Evaluation of In-Sourcing and Out-Sourcing. We assist clients with the identification of cost savings available through in-sourcing and out-sourcing, including potential return on investment for in-sourced services and technologies. We consult on decisions whether to on-shore or off-shore and the ethical and legal requirements associated with off-shore services.
• Collaboration with Client Information Technology Departments. Orrick has assisted a client in automating its electronic document collection and production processes. Orrick lawyers partnered with the client’s IT personnel, including email system developers, in identifying software utility scripts for an automated collection tool, and designing a program for testing and validating the tool. Orrick lawyers managed the overall testing and validation project from inception.