E-Discovery Practice

E-Discovery Practice

Today, most information is produced in a digital format. Regardless of their size, companies rely on electronically stored information (ESI) to communicate and drive their business transactions to gain efficiencies in productivity

Over the last decade, one of the most important legal developments has been the direct and/or indirect liability associated with the misuse of business data. The prevalence of ESI requires businesses to rethink how they manage and control the significant volumes of data stored within their enterprises. This is where the Louderback Law Group and our e-discovery practice may be able to help.

Advice and Counsel

When advising clients about ESI issues / e-discovery practice, the Louderback Law Group has extensive experience creating defensible and practical approaches to meet discovery obligations in litigation and/or to comply with statutory and regulatory schemes. We make sure our clients:

  • Consider where and how electronic information is stored
  • Develop information governance protocols to ensure compliance with discovery
  • Develop a structure to satisfy data security and privacy obligations
  • Determine data-retention policies as an important tool in managing both risk and compliance
  • Manage the challenges associated with new technologies, including the use of social media
  • Formulate document retention plan

E-Discovery During Litigation

The Louderback Law Group is experienced in managing large-scale document reviews using electronic review platforms in both state and federal complex civil litigation actions. Our lawyers are well-versed in the Sedona Principles, EDRM, and the Federal Rules of Evidence and the Federal Rules of Civil Procedure as they specifically relate to the production of electronically stored information.

We also know how to use our e-discovery practice expertise offensively in cases where our clients need to obtain critical information to prosecute their claims, whether it is a breach of contract claim or a matter involving the theft of a company’s trade secrets. We use the latest e-discovery review tools to expedite the collection and review of relevant ESI that may be at issue in any matter. When defending businesses in matters that are e-discovery intensive, we are experienced in using the meet-and-confer process to narrow the scope of discovery demands and reduce our client’s legal costs. We understand that the outcome of a case may turn on information found in electronically stored documents, and strive to accomplish this as efficiently as possible.

Representative Matters

  • Our team developed discovery protocol in alleged wrongful termination and breach of fiduciary duty matter involving a construction company where a half terabyte of potentially responsive electronically stored information needed to be harvested, culled, and reviewed.
  • We conducted large-scale, three-tier document review over three and a half months using electronic-review platforms in complex civil litigation action involving an alleged medical device product defect. Our attorneys served as primary liaison between firm/client and discovery vendor for all phases of review through production.
  • Our firm conducted large-scale document review using electronic-review platforms in federal case involving alleged patent infringement, misappropriation of trade secrets, and unfair business practices. We participated in Rule 26(f) “meet and confer” sessions, and successfully narrowed the scope of discovery on behalf of a technology client
  • We designed and led discovery process improvement initiatives, including creating client-specific discovery repository databases for foreign car manufacturer to facilitate the production of documents repeatedly demanded in multi-jurisdictional mass tort cases.
  • Our attorneys planned and implemented large document review using outside vendors to objectively code client documents to expedite review and production of responsive, non-privileged material.
  • Our team managed several large-scale document reviews using web-hosted solutions, including in a matter alleging misappropriation of trade secrets partnering with our client’s IT department to restore over 10 terabytes of data, and then reduced a potentially responsive universe of documents through key-word logical searches.

As well as e-discovery practice, the Louderback Law Group has vast experience in related matters, such as: employee litigation, trade secrets litigation and commercial litigation.  

Contact us in our San Francisco or Silicon Valley offices for more information about who we are, what we do and if we can help you assess  your e-discovery practice.