eDiscovery Case Studies: Litigation

Representative eDiscovery contributions to active litigation include the following:

• Motion for Protective Order. In a commercial matter where another firm is counsel on the merits, a large financial institution engaged our eDiscovery team to assist with motions practice, meet and confers, IT interviews, retention of eDiscovery testifying experts and preparation for eDiscovery related depositions. Our team worked closely with the merits counsel to litigate eDiscovery issues.
• Department of Justice Subpoena. Orrick assisted case team in crafting eDiscovery strategy, including preservation, collection and production plan. We also contributed to DOJ negotiations.
• Class Actions. We advised clients on the scope of preservation and collection obligations in numerous putative class actions.
• ITC Litigation. Orrick developed cost-saving measures in cases involving highly confidential and trade secret information, frequently maintained as structured data. These cost-saving strategies include use of data-culling technologies, alternative approaches to linear (page-by-page) document review and effective use of clawback agreements.
• Securities Action. We assisted the case team in preparing a successful motion to compel and motion for sanctions and in identifying and retaining an eDiscovery expert to offer evidence in support of the same.
• eDiscovery Testimony. We assisted the case team and client in identifying, preparing and presenting the client's preservation, collection and IT infrastructure 30(b)(6) witness.
• Motion for Sanctions. We assisted in preparing and arguing a motion for sanctions for the opposing party's failure to preserve critical evidence.
• Meet and Confers. Orrick advocated at meet and confers and prepared scheduling orders and discovery plans. The participation of our eDiscovery counsel has resulted in reduced scope of preservation and collection, agreements on search terms, tiered discovery, preferred formats of production and other cost savings.
• Substantive Briefing on eDiscovery Legal Issues. We provided briefing on substantive issues related to eDiscovery, improving the efficiency and expertise of our case teams and reducing our clients cost.
• Management of Rule 45 Subpoenas. Many of our clients maintain information routinely requested in litigation where they are not a party. We often manage for our clients their objections and responses to these requests, ensuring efficiency and consistency. We also effectively negotiate with requesting parties to either withdraw their subpoena or reduce the scope of the request.
• Disposition of Matters. We assist clients and case teams in ensuring that information is appropriately returned or destroyed once matters are resolved and preservation efforts are appropriately suspended and records management reinitiated.