Practice Areas | Practice Groups

eDiscovery and Records Retention

Ogletree Deakins is dedicated to providing our clients with a full suite of ediscovery and records retention services. Many law firms are not able to fully support companies with the increasing demands and pressures they face because of constantly evolving technology and ever-expanding data volumes. This is evidenced by the poor scores clients have given many law firms regarding ediscovery and records retention.

Our eDiscovery and Records Retention practice group is led by Tom Lidbury, a nationally recognized leader in the field, practitioner, professor, expert witness, and special master. The practice group includes eight core attorneys as well as a team of staff attorneys in our Document Review Center. Tom and his team can provide full-service support across the full spectrum of the Electronic Discovery Reference Model (EDRM). They have the experience and the technology to support your organization with any and all of your records retention and ediscovery processes. Look to Ogletree Deakins whether you need help with a specific task or case, or you would like to consolidate all of your ediscovery to achieve consistent quality, standardization, and cost reduction.

Data Processing and Review. Discovery is often the most expensive and complex aspect of litigation. Yet it tends to be outsourced ad hoc, often to several law firms with varying approaches, fee structures, and levels of expertise in ediscovery. Tom and his team possess a wealth of experience planning and managing efficient reviews of large data, including leveraging keywords and predictive coding technology. Ogletree Deakins provides an affordable technology platform powered by Relativity, including continuous-active-learning predictive coding, and dedicated review centers staffed with affordable document reviewers. Ogletree Deakins can add efficiency and quality as your ediscovery counsel even when another law firm is merits counsel. Moreover, Ogletree Deakins also can bring centralization and consistency to ediscovery as your national discovery counsel managing all of your organization’s ediscovery at a predictable and affordable cost in partnership with your various outside merits counsel.

Data Collection. Organizations need a defensible process for collecting data for discovery. Many organizations have limited software and personnel to handle data collections. Ogletree Deakins can handle data collection using a SaaS solution or boots on the ground to perform small and large data collections or to assist internal resources with challenging aspects of collections.

Legal Hold Management. Organizations do not need some mythically perfect form of legal hold notice; they need a well-managed legal hold program for preserving evidence that is implemented consistently, efficiently, and defensibly. Legal holds need to be scoped, issued, tracked, and released across the organization and across all matters. Also, enterprise databases need to be architected to enable granular legal holds that do not necessarily require holding all data in the database. Tom and his team can assist clients with all aspects of managing their legal hold processes, including offering a SaaS legal hold management solution.

Discovery Cooperation and Disputes. Often there is a need to meet and confer on ediscovery issues and disputes, i.e., to have an ediscovery liaison to respond to written discovery on discovery, to prepare and defend 30(b)(6) or personal deponents on ediscovery, to provide expert reports or testimony on ediscovery, and to brief and argue disputes. Tom and his team bring a steady hand to meeting and conferring, cooperating and negotiating where feasible, litigating when necessary, and testifying as a fact or expert witness.

Records Retention. Organizations need more than records retention policies and schedules; they need a program that implements those policies and schedules across the organization and regularly updates them. Policies and schedules need to be regularly reviewed and updated, existing and new enterprise databases and communications systems need to be architected to comply with the program, the process of decommissioning systems needs to account for records retention and discovery needs, social media sites need to comply with the program, outsourced systems also must comply with the program, and legacy data needs to be retired defensibly. Many organizations lack the internal resources to fully implement and regularly update their programs. Tom and his team assists clients with all aspects of implementing and updating their records retention programs.