Practices

LITIGATION SOLUTIONS

Litigation Response Plan Audit

We provide a comprehensive and independent assessment of the client’s ability to identify, collect, preserve, retrieve, process and produce information in the event of litigation, government investigation or audit. We provide the client with a detailed memorandum outlining the areas of risk and undue cost, and recommend areas for improvement. We also provide the client with a benchmarking assessment. Specifically, our comprehensive litigation plan audit includes analysis of the client’s:

• Existing strategies and procedures for document and data collection, preservation, processing and production in light of current precedent
• Corporate organization and information technology infrastructure to identify areas where standardization and coordination can be enhanced
• Internal legal department processes for identifying “litigation hold” situations, implementing preservation directives, and taking appropriate steps when the need for the hold has ended
• Outside legal provider network to identify areas of risks and areas for improvement in meeting litigation preservation and data-processing needs

Litigation Response Strategic Action Plan

We assist our clients in developing comprehensive and legally defensible litigation response plans. Our litigation response strategic action plans include:

• Developing a justification memorandum for adoption/revision of the client’s litigation response mechanism
• Developing and implementing a litigation response plan project plan, including:
• Preparation of a detailed report of findings and best-practice recommendations for policies, procedures and processes required to implement a legally defensible litigation response plan
• Collaboration with client’s in-house counsel and information technology personnel to design collection

Electronic Discovery Audit

We provide a comprehensive and independent audit of current electronic discovery processes (human and technical), including collection, review, processing and production of electronic information in regulatory, civil and criminal investigations, and discovery. This audit includes:

• A “gap analysis” addressing weaknesses in existing electronic discovery procedures and processes, looking at all potential sources of discoverable electronic information within the organization;
• Analysis of current workflows for preservation, review and production tasks, and recommendations for streamlining effort and reducing time and expenses;
• Examination of litigation processes involving current outside counsel and vendors to identify areas of risk and unnecessary expenditures of time and resources.

Electronic Discovery Strategic Action Plan

We develop a comprehensive electronic discovery litigation response plan tailored to meet client needs. This includes:

• A detailed and company-specific “litigation hold” notice process and workflow
• Tailored forms, checklists and questionnaires for maintaining “evergreen” hardware, software and information
• Recommendations for task-appropriate experts and e-discovery vendors to assist in various stages of electronic discovery, including the identification of preferred vendor panels for clients
• Recommendations for improving the workflow of electronic discovery relating to outside counsel and retained experts and vendors
• Detailed materials to assist with identification and preparation of corporate representative depositions under FRCP 30(b)(6) and state law equivalents