• David Herron
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-6230
      Fax: +1-213-430-6407
  • Jeffrey Fowler
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-6404
      Fax: +1-213-430-6407
PROFESSIONALS

  • ACE U.S.A.
    Advanced Micro Devices, Inc. (AMD)
    Alaska Airlines, Inc.
    American Airlines Group
    Asiana Airlines
    Broadcom Corporation
    Edison International
    Fannie Mae
    Fidelity Investments
    Honeywell International Inc.
    Ford Motor Company
    General Mills
    Lennar Partners
    Lockheed Corporation
    Merck & Co., Inc.
    Morgan Stanley
    New York Public Library
    Novartis Vaccines and Diagnostics
    Pacific Sunwear of California, Inc.
    Protiviti Inc.
    Sandisk Corporation
    Southern California Edison
    UBS
    WellPoint, Inc.
    Western Digital Corporation

Electronic Discovery and Document Retention

Business today is practically paperless.  E-mail is a key source for business records, and companies are drowning in it, contributing to an estimated 210 billion messages sent every day worldwide.  And companies continue to adopt new and useful modes of electronic collaboration, communication, and recordkeeping.  Now there are instant and text messaging systems, server-based voicemail, online storage of sensitive files such as health records, insurance claims, and financial databases.  Businesses even store intellectual property electronically, including digital copies of soon-to-be released record albums and motion pictures.

 

Given these technological developments, it is no surprise that the cost associated with collecting, reviewing and producing electronic evidence is the number one litigation-related burden for general counsel at companies with annual revenues exceeding US$100 million, according to one survey. Even in the absence of litigation, companies face potentially crippling — and sometimes conflicting — electronic records retention requirements under a myriad of statutes and regulations.

 

O’Melveny’s electronic discovery and document retention lawyers are uniquely equipped to advise our clients on these issues.  This is because we cut our teeth on some of the first and most important litigation matters addressing electronic discovery.  We are well-recognized thought leaders and speakers, but we are also experienced practitioners with reasonable, cost-effective solutions.  Long before the new amendments to the Federal Rules of Civil Procedure were adopted, our electronic discovery and document retention lawyers were working hand-in-hand with the Litigation Department’s other practice groups to provide seamless electronic discovery advice on the firm’s largest litigation matters.  We also provide strategic counseling in the pre-litigation context, and routinely work with in-house counsel, information technology and records management personnel to formulate sensible document retention and preservation plans tailored to an organization’s specific needs.

We have an unrivaled level of experience on all critical issues in electronic discovery.  We have negotiated case management plans that serve as models in other cases, and we have lessened the burden of costly discovery requests through unique response strategies.  We are well-versed in cost recovery, attorney-client privilege protection, and engaging forensic experts.  We are also experienced with the most advanced collection and search methods, and have supervised document reviews on the most massive scale.  In short, we are true practitioners of the law of electronic discovery and document retention.

Key Facts

  • Our lawyers are recognized for outstanding work by Legal500.
  • Our lawyers have extensive backgrounds handling electronic discovery, document retention, and cost-effective review management ― and have gained national reputations as specialists in negotiating and executing on defensible, cost-efficient discovery parameters.
  • Depending on the size and scope of the particular litigation matter, we offer several well-tested, cost-competitive document review options.  To help the client determine which option is best, we use a proprietary review and staffing model to project (and ultimately to manage) work flow, cost, staffing requirements and deadlines, and to assess the benefits or detriments of various alternative protocols.  We use these metrics and our technological know-how to design reviews that achieve clients’ litigation objectives without excessive cost.
  • O’Melveny has formed a watershed alliance with H5, a leading provider of cutting-edge search and automated document review technologies.  This alliance provides O'Melveny clients with a cost-effective, efficient and accurate alternative to traditional methods for document discovery, review and analysis.
  • Part of our cost-efficient approach to electronic discovery is the utilization of the attorneys in our Legal Service Center (LSC).  First formed in Los Angeles in 2001, followed by a second location in Washington DC, the LSC consists of approximately 35 staff attorneys and a scalable number of temporary review attorneys.
  • Our staff attorneys are full-time lawyers, experienced at managing document reviews in cases of any size and scope, and billable at lower rates than our associates.  They manage a cadre of O’Melveny-trained temporary review attorneys whom we offer at highly competitive rates.  All of our staff and temporary reviewer attorneys are familiar with O'Melveny's in-house review tools and are also familiar with the myriad of electronic discovery tools offered by the major electronic discovery service providers.
  • Our lawyers also counsel our clients in the pre-litigation context, working with in-house lawyers, information technology, and records management personnel to design effective document retention and destruction practices.
  • Cross-border litigation raises a number of unique e-discovery issues.  Our lawyers regularly advise global companies on risk management and compliance strategies that minimize the burden and cost of maintaining and collecting data.
  • We address the hottest topics in e-discovery as faculty and panelists at national conferences and seminars sponsored by the Practising Law Institute, the Bureau of National Affairs, the American Law Institute/American Bar Association, the Continuing Education of the Bar, American Lawyer Media, Strafford Teleconferences, the National Constitution Conference, the American Conference Institute, LexisNexis, The Knowledge Congress, and Sandpiper Partners.
  • We are active in the electronic discovery community, and serve on several advisory boards in the field, including: the Board of Governors of the Organization of Legal Professionals (an e-discovery standard-setting organization); the Sedona Conference; Strafford Publications’ Litigation & ADR Advisory Board; the International Institute for Conflict Prevention & Resolution E-Discovery Committee; the ABA Section of Litigation Task Force on Electronic Discovery; Association of Certified E-Discovery Specialists; and Thomson Reuter's Electronic Discovery and Records Retention Advisory Board.
  • We have also authored three e-discovery practice guides published by BNA Books -- Spoliation in the Electronic Age, Electronic Discovery Practice Under the Federal Rules (2nd ed. 2009) and Preserving Electronic Information: A Practical Approach.

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