E-Discovery and Information Governance

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Briggs and Morgan’s team of experienced discovery practitioners handles sophisticated discovery issues—particularly electronic discovery—and leverages this experience to provide practical solutions. We focus on assessing each case and developing a reasonable and defensible electronically stored information (ESI) plan.

Our discovery practice offers both human and technological resources to maximize quality and cost-effectiveness in all discovery-related activities, from start to finish: assessing and advising on collection scope; implementing advanced culling techniques; executing search-term validation; using highly advanced technology for accelerating or automating the review; and producing documents. Our team’s experience covers everything from responding to government subpoenas and investigations involving various agencies (such as the SEC, the OCC and the DOJ) to handling all aspects of discovery in complex litigation, including financial services and securities litigation, class actions, employment, patent and commercial litigation.  

We offer significant depth in all aspects of discovery counseling, and we provide services from ad hoc e-discovery advice to serving as full-scale discovery counsel, a role in which we provide companywide advice on discovery issues. We also serve as record discovery counsel in pending litigation and government investigations, handling all aspects of preservation, collection, review and production. As counsel we work as a team to:

  • Streamline preservation and collection practices and develop discovery forms and guidelines;
  • Engage the right vendors under the right pricing arrangements to cull and host data;
  • Train clients to handle e-discovery cost-effectively;
  • Serve as discovery counsel in large cases, and work with separate merits firms to ensure that a defensible ESI plan is implemented; and
  • Manage document reviews in a cost-effective and accurate manner, minimizing costs through effective use of vendor selection and technology.

Our goal is to help clients avoid costly mistakes and help keep the focus of a case on its merits, not on discovery disputes. Early negotiation of e-discovery issues can resolve many issues before they develop into disputes. Because we align our services with unique client legal and business objectives, we’re able to keep discovery costs reasonable and case-proportionate.

We customize our discovery approach to each case with an awareness of the nature, volume and types of electronic information, as well as on the required parameters for confidentiality, security and addressing unique issues. Briggs and Morgan’s clients benefit from our team of sophisticated discovery practitioners who combine their knowledge of the latest e-discovery technology with their litigation and electronic discovery experience to deliver first-class services.

Information Governance

Partnering with the firm’s Privacy and Data Security team, we assist clients in creating formalized information governance plans designed to ensure consistent protocol application and companywide compliance with state and national laws and regulatory guidelines. This includes drafting record-retention plans, social media policies, BYOD policies and permissible use policies. To ensure that our recommendations actually work in the real world, we partner with records managers, technology providers and training personnel. We also assist with the development of training programs to drive acceptance and integration. We also will help you develop an auditing program to determine adherence to policies. Some of our services include:

  • Litigation and discovery preparedness, including data mapping
  • Meet and confer strategy and advice
  • Rule 30(b)(6) deposition preparation
  • Strategic discovery planning advice and counsel
  • ESI motion practice strategy counseling and assistance
  • Assisting corporate clients with e-discovery technology RFP planning and assessments
  • Information governance program development
  • Records retention policy development
  • Cloud computing risk assessments
  • Legacy data remediation assessments
  • Privacy assessments