e-Discovery

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Overview

Greensfelder’s e-Discovery team takes a practical and solutions based approach to discovery.  We know that not every case has the same e-Discovery needs or budget, and will conform our strategy to each case we handle.  The e-Discovery team is comprised of litigation professionals with extensive experience handling both large-volume and small volume cases during discovery and at trial. We are also key members of our other practice and industry groups, ensuring that every case team has a resource for electronic evidence issues that may be of particular concern in a given industry.  We offer a smarter, results-driven service that utilizes cutting-edge technology to minimize the typical costs and delays associated with the discovery and evidence management process.

From preservation to production of your documents, Greensfelder e-Discovery attorneys will counsel you on best practices and defensible strategies to maximize efficiency and ensure a quality review of the documents that are essential to your case.  We can assist with:

  • Strategic Cooperation: Our attorneys know cooperation in e-Discovery does not mean blindly handing over your documents and confidential information. Rather, we know that strategic cooperation with opposing counsel will save you money.  We know that if we can agree on things that have no substantive bearing on the case, like format of production, we will spend less time on motions that do not advance your case. We know that agreements on things that do have a substantive bearing on the case, like scope of discovery, can narrow the issues, and keep the case on track.  We also know that agreements are not always possible, and we can advise as to when it is necessary to seek judicial intervention. 
  • Preservation: We will advise you on defensible preservation methods that balance the need to preserve relevant information with the burden of over-preserving information. We will help manage the litigation hold process to ensure that you are meeting your discovery obligations.
  • Collection: We will work with you to ensure that your documents are collected in a manner that is defensible with as little disruption to your daily business as possible. We will assess whether a forensic expert is necessary or whether an internal team is appropriate for your particular case and circumstances.
  • Review: We understand that the goal of a review is to develop the facts of the case, not just to make a production. To further that goal, working with our internal litigation support team, we use cutting edge technology to evaluate the content of your documents to find key documents before a full review even begins. Using the knowledge gained from those key documents, our lawyers will create a review plan that is productive and efficient. This ensures that the most relevant documents are produced early in the case and can be used to substantively advance the case.  
  • Production: Our lawyers are educated about the technical side of eDiscovery. They know the various ways documents can be produced, and they understand why one format is preferable to another. They know how to negotiate an electronic discovery protocol that will ensure a defensible production of your documents, and that will require that the opposing side produce documents in a usable format.

Attorneys

Experience

Representative Matters

  • Managing large (over 1 million documents) electronic evidence projects from start to finish, including gathering the documents, negotiating and implementing complex electronic discovery protocols, and supervising large groups of attorneys in the review and selection of documents responsive to document requests.
  • Working with forensic experts to identify deleted information and review computer logs to analyze client and employee activity on computers.
  • Determining the appropriate response to a pre-litigation preservation letter.
  • Counseling clients on the best practices for gathering, collecting, searching, and preserving electronic evidence for use in federal and state courts.
  • For a deposition preparation of a 30(b)(6) witness who had to be educated on events that took place before she had joined the company, we identified the important documents and had our litigation support team put them into a “Binder” on an iPad. As a result of having all the documents easily accessible and searchable at the preparation, she gave a very favorable deposition. The client was impressed at our efficiency in preparation, and opposing counsel commented that she was the most prepared witness he had ever deposed.

News & Insights

Seminars & Speaking Engagements

  • “Creating a Team for e-Discovery Success”
    Bar Association of Metropolitan St. Louis E-Discovery Symposium, October 21, 2016
  • "e-Discovery: What You Didn't Learn in Law School" 
    Bar Association of Metropolitan St. Louis, September 30, 2016
  • "Avoiding Electronic Document Retention Pitfalls"
    The Missouri Bar/Judicial Conference Annual Meeting, 2006
  • "Electronic Information in the Workplace: Problems and Solutions"
    Client Seminar, 2006
  • "Electronic Discovery: Litigation in a Computer-Dominated Society"
    The Missouri Bar/Judicial Conference Annual Meeting, 2005

Publications