Strategic eDiscovery Counseling

eDiscovery Of Counsel

Orrick’s eDiscovery Of Counsel serves our clients and our litigation teams. This experienced litigator chairs our eDiscovery working group and focuses full time on advising companies on eDiscovery and information management issues in the context of proactive risk management, early case assessment and litigation.

eDiscovery Engagements

Orrick is deeply committed to helping our clients manage eDiscovery effectively and efficiently. We view this function as critical to litigation risk management and cost management—and, where necessary, to success in litigation. Through policy and process enhancement and training programs, we help clients develop protocols to understand, manage and preserve information effectively— both in the United States and internationally.

We also help clients to communicate consistently and effectively with outside counsel, vendors and ultimately opposing counsel and the courts.

As part of these efforts, our eDiscovery Of Counsel often serves as a member of clients’ internal eDiscovery committees and collaborates closely with in-house eDiscovery, IT and records management personnel. eDiscovery counseling engagements have included:

• Developing company eDiscovery policies, protocols and outside counsel guidelines and advising on issues associated with the outsourcing of IT functions
• Advising on the design and implementation of records management programs, including the creation of records management policies, procedures, inventories and retention schedules
• Working with a client’s IT eDiscovery lead to develop and implement an internal eDiscovery archive, preservation, collection and processing solution
• Working with a global financial institution to develop email and disaster recovery policies and practices related to retention, preservation and secure destruction
• Assisting a client with international data privacy issues and the development of privacy policies.

Litigation Counseling

If left unmanaged, eDiscovery can quickly consume a significant slice of the litigation budget. In the worst case, such costs can dictate litigation strategy.

Orrick focuses on developing and implementing eDiscovery proportional to the value of the case. Our eDiscovery lawyers advocate at meet and confers and negotiate discovery plans to reduce cost and scope.

We have a record of successfully litigating eDiscovery challenges, including arguing preservation, cost shifting, proportionality and spoliation claims. We also advise on the retention and efficient management of eDiscovery experts.

eDiscovery Team

Orrick’s working group is comprised of partners and specialists who routinely litigate matters involving complex eDiscovery issues and regularly advise clients on information management. Our working group shares best practices and advises the firm and our clients on emerging trends in eDiscovery.