E-discovery
Practice Overview
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
Articles
"This message will self-destruct in 5 seconds" by Scott T. Sakiyama (Corporate Compliance Insights)
Howard Baker’s quote – “it is almost always the cover-up rather than the event that causes trouble” – has taken on significance in recent cases involving e-discovery and electronic messaging. Courts increasingly view the preservation of communications as a rote, ordinary-course business practice...
Articles"'Do I really need to keep this?'" by Caitlin M. Kasmar (Corporate Compliance Insights)
Navigating the Information Age Without Saving Everything Data retention is a persistent challenge for in-house counsel, but developing workable information governance policies and procedures needn’t be a taxing exercise; in fact, they can generate measurable cost savings to the company. Here,...
Articles"Practical considerations for litigating proportionality" by Elizabeth E. McGinn, Scott T. Sakiyama, and Brian W. Bartholomay (Law360)
After years of discussion regarding how the rules of discovery might be improved, amendments to the Federal Rules of Civil Procedure became effective on Dec. 1, 2015. One of the more prominent amendments involved FRCP 26(b)(1), which was updated to allow discovery of relevant, nonprivileged...
ArticlesThe Butterfly Effect: eDiscovery in Government Investigations and Why Small Tweaks May Have Great Impacts
In the context of civil litigation, the rules governing eDiscovery may not be crystal clear (especially in light of the recent amendments to the Federal Rules), but at least there is ample guidance available. Counsel can perform simple research and identify troves of articles addressing how to...
ArticlesKey Changes in E-Discovery
On December 1, 2015, proposed amendments to the Federal Rules of Civil Procedure (FRCP) (which were last amended in 2006) became effective, as they were not rejected or modified by congressional legislation. The now effective amendments take into account not only the more “exotic” sources of...
ArticlesSpotlight on Electronic Discovery: Challenges Presented by the Internet of Things
E-discovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed – and even learned – tasks without the need for continuous human input...
ArticlesTreading Beyond the Iota of Fear: eDiscovery of the Internet of Things
The first difficulty to preservation concerns the primary question of control of the cloud data, which is not unique to IoT. Businesses are investing billions into IoT not only because of their profit expectations from the one-time sale of an IoT device, but also from having unfettered access to...
ArticlesEthical Issues in the Digital Age: Navigating E-Discovery Challenges
Elizabeth McGinn and Kristopher Knabe wrote, "Ethical Issues in the Digital Age: Navigating E-Discovery Challenges," which appeared in the American Bar Association's Consumer Litigation Fall Newsletter. Today’s technological changes have fueled an explosive growth of electronically stored...
ArticlesNew Ethical Issues and Challenges in E-Discovery
The rise of e-discovery and the globalization of electronic information has caused a drastic increase in the ethical issues and challenges attorneys face when compared to the paper world. Attorneys are facing emerging challenges both inside and outside their legal teams, regarding the supervision...
Articles