Schiff Hardin’s eDiscovery attorneys understand how to integrate eDiscovery with a multi-dimensional litigation strategy. eDiscovery is about delivering a reliable assessment of the strengths and weaknesses for both sides’ evidence, executing a credible and defensible collection and production, recognizing and exploiting when opposing counsel falls short in meeting discovery obligations, and performing on time and on budget. In other words, our eDiscovery team works to neutralize our clients’ risk and maximize our adversaries’ exposure. A winning eDiscovery strategy guides the path to a successful litigation outcome by eliminating the surprises that can derail a case strategy or case budget. We know eDiscovery surprises take many forms.
- The “smoking gun” email that surfaces for the first time during a key deposition.
- The court order compelling additional searches or awarding discovery sanctions.
- The discovery budget that triples because of unexpected data volumes.
- The expert witness who misses a deadline because data was not requested in a machine readable format.
- The adversary who leverages discovery errors for a windfall settlement.
While certain surprises are inevitable in litigation, we aim to minimize them. Our team includes:
- Trial lawyers who understand how to integrate discovery and trial strategies and have tried and won complex evidence spoliation disputes in state and federal courts around the country.
- Attorneys adept at combining TAR and sophisticated AI search strategies with traditional custodian interviews for effective early case assessment, budgeting, and negotiating eDiscovery protocols.
- Attorneys and in-house eDiscovery professionals who know how to pair AI-driven solutions with in-house and vendor review teams to maximize efficiency and quality.
- Attorneys who are active as teachers and respected thought leaders shaping eDiscovery law and policy.
- In-house eDiscovery professionals trained as project managers who use the firm’s proprietary tools for building and tracking eDiscovery case budgets.
Skilled eDiscovery Technical Advisors
Our eDiscovery attorneys are complemented by an in-house team of experienced litigation technology professionals. We save our clients money by hosting and reviewing electronic data on sophisticated review platforms in house, but we know there are no one-size-fits-all solutions, and maintain the independence to help our clients identify the best technology solution for each case. We have worked with clients who have experienced in-house litigation support departments and clients who don’t, and we scale our services to match the needs of each client and each case.
Managing Electronic Records for Litigation Readiness
Drawing on our litigation experience, we assist clients with litigation readiness efforts so that when litigation occurs, the client has its data organized for efficient, economical, and defensible preservation and collection. We draft record retention and information governance policies; investigate our clients’ systems and create data maps; craft litigation hold procedures and policies; consult on collection protocols; and train our clients’ employees on implementing these procedures.