E-discovery

E-discovery can be the most costly part of litigation or enforcement matters, and the rate and complexity of technological advances make it more challenging every day. 

Buckley’s extensive knowledge of the nation’s most active enforcement and regulatory agencies sets us apart from other e-discovery options. From our daily dealings with numerous federal and state agencies and state attorneys general, including the Consumer Financial Protection Bureau, the Department of Justice, and New York Department of Financial Services, among others, we know what to expect. We rely upon our experience with a multitude of government agencies, class actions, and other plaintiff counsel to react quickly and efficiently to protect our clients’ interests and achieve their goals.

Buckley has also developed a results-focused approach to e-discovery — FORTÉ, an end-to-end, comprehensive e‑discovery service built upon the experienced leadership of Buckley attorneys, state-of-the-art technology, metrics-based document review and, of course, absolute mastery of the e‑discovery process. FORTÉ provides a predictable, better e-discovery solution that is efficient, accurate, and cost-effective.

We are on the front lines of the industry’s strict data management requirements. We know the IT security protocols our clients must follow and have implemented them ourselves, so there is no learning curve or infrastructure reorganization needed when working with our FORTÉ team. We use technology-assisted review and predictive coding to make the most of human resources dedicated to the e-discovery process.

Some representative projects include:

• Handling the first case in which the NYDFS allowed the use of predictive coding in response to a department subpoena, with a document collection exceeding five million emails
   
• Using technology-assisted review to narrow a population of 70 million documents to just 4,000 documents for manual review as part of a response to a subpoena from a state attorney general
   
• Conducting an internal investigation for a bank using advanced analytics and predictive coding, successfully reducing the scope of the review to 1% of more than two million foreign-language emails
   
• Saving our client, a national mortgage servicer, hundreds of thousands of dollars in legal fees and production costs by negotiating with the New York Attorney General’s Office to narrow the types of documents considered to be part of a servicing file for purposes of the investigation, and to accept a sampling of servicing files instead of the thousands originally requested
   
• Negotiating on behalf of our client, a major insurance company, with the NYDFS to reduce the volume of potentially relevant custodian data by almost 800,000 emails, saving the client hundreds of thousands of dollars
   
• Achieving significant cost savings for a major university by using analytical tools to complete reviews in a series of investigatory matters
   
• Drafting and assisting with implementation of a comprehensive set of information governance policies, allowing the client to significantly reduce the data it must maintain