SL&A works closely with counsel and clients in the discovery and pre-litigation environments to reduce the costs of acquisition, review and possible sanctions associated with spoliation claims while meeting the regulatory and statutory burdens imposed by Amended Rule 26, Sarbanes-Oxley Act, Gramm-Leach-Bliley Regulations, Health Insurance Portability and Accountability Act (HIPAA), SEC 17a-4, NASD Rules 3010 and 3110, ISO17799, Patriot Act, PIPED C-6 and various state regulations including and comparable to California SB-1386/Civil Code 1798.82.
In highly complex commercial litigation involving very large numbers of legacy documents and extensive ESI, SL&A discovery professionals:
- Work hand-in-hand with Discovery counsel and client IT
- Manage document handling and processing
- Create and comply with preservation orders
- Prepare deposition, declaration and expert reports and integrate their indices to electronically accessible, searchable, cited and referenced evidential material
- Document the relationships between and among materials generated in discovery
- Prepare discovery responses and production at counsel’s direction
Our processes and advice is consistent with the preservation obligations, retention requirements and litigation hold impact of client policies, recent case law, up-to-the-minute technology and practice developments. We assist with negotiating limitations on form and manner, clarifying expectations, and the development of detailed discovery plans.
Selected Case Studies/Notable Matters
- Scanned all electronic documents of a third party. Built a searchable database of words and phrases. Based on counsel’s direction, identified all privileged documents and generated an automatic privilege log and a full production (absent duplicate documents) for opposing counsel.
- A matter before an international body in the UK involved an opposing party that refused to comply with reasonable discovery requests including those of the international body. SL&A acquired data utilizing proprietary intelligence gathering software and concatenated it with the limited production of the opposing party to identify the specific areas in which the production was known to be deficient. Counsel was able to successfully argue before the international body that, in the absence of the opposing party’s production, the international body could make inferences based on our concatenated findings. As a result, the opposing party produced some additional materials and the international body also allowed inferences based on our concatenated findings. The matter was resolved favorably for our client
- In a matter involving more than 20 expert reports for each of plaintiff and defendant, SL&A developed a relational database of all citations, quotes, and footnotes and concatenated them with the cited materials, other documents produced in discovery and the writings of the expert testifiers to identify errors, inconsistencies and misrepresentations for use by counsel in cross examination and in refuting experts.
- In a matter in which opposing counsel “backed up the dump truck” of jumbled and non-indexed electronic information onto the client, SL&A was able to organize, index and develop family relationships among hundreds of thousands of documents, many of which had been provided only to obfuscate the electronic discovery process. The matter was resolved in favor of our client.