Legal Advocacy & Strategic Planning
Discovery Advocacy: eDiscovery attorneys focused on substantive client goals
Our lawyers advocate for clients on all aspects of discovery, with a focus on proportionality and defensibility. We work closely with case teams to develop and implement discovery strategies and protocols that leverage the latest legal and technological developments to meet matter-specific needs.
We consult with clients on litigation readiness, preservation planning, eDiscovery strategy, identification and targeted collection of data sources, technology-assisted review, privilege protection, and document production. We also apply knowledge gained about the documents and matter to provide substantive assistance during depositions, motions practice, and hearings. Our discovery counseling services include:
- serving as national discovery counsel
- performing litigation readiness assessments
- developing and implementing preservation plans and legal holds
- negotiating ESI protocols
- tracking developments in technology and law
- negotiating efficient privilege logging methodologies
- assisting with confidentiality agreements and protective orders
- advising on objections and responses to discovery requests
- litigating discovery disputes
- conducting and defending 30(b)(6) depositions regarding ESI
- managing discovery from preservation through trial with defensible documentation and data tracking
National Discovery Counsel
We serve as national eDiscovery counsel for clients to ensure consistency across matters – even though multiple law firms may be serving as outside counsel (and even when Troutman Pepper is not merits counsel).
We consult with clients on litigation readiness; preservation planning; identification of data sources; collection, review, and analytics options; as well as privilege protection. We also leverage knowledge gained to provide substantive assistance to merits counsel during depositions and hearings.
Litigation Readiness and Response Planning
- eMerge works with clients to create new eDiscovery and litigation response plans and processes, or to revisit and update preexisting procedures. We can quickly identify potential issues and craft an appropriate strategy for managing ESI, including implementing and releasing legal holds.
- eMerge regularly assists clients with updating their eDiscovery processes to adapt to evolving technology including Microsoft Office 365.
- Our unique combination of lawyers and technologists allows us to advise on both the legal and technical aspects of litigation readiness and response. eMerge’s technical experts can engage with client IT teams on the nuts and bolts of managing and collecting data, while our lawyers provide advice regarding the relative risks, benefits, and costs of various workflows and plans based on each client’s litigation profile.
- eMerge offers clients the option of using RelativityOne’s legal hold management software for issuing and tracking legal holds, and we can assist clients with alternative legal hold applications.
Project Management: attorney project managers with technical know-how
- Our discovery professionals embody a commitment to the broader goals of each matter and “own” the discovery process to allow clients and case teams to focus on the merits.
- All eMerge matters are managed by a licensed attorney dedicated to the discovery phase of litigation. Our project managers provide a single point of contact for case teams and clients, delegate work to the most appropriate team members, and ensure that all discovery services are being performed cohesively and efficiently.