Electronic Discovery & Document Retention
O’Melveny’s electronic discovery and document retention team is uniquely equipped to advise clients on the full range of electronic discovery issues, from managing the soaring costs of collecting, reviewing, and producing electronic evidence for litigation to meeting the myriad and often conflicting statutes and regulations regarding records retention.
O’Melveny was one of the first major law firms to establish a separate practice group for ediscovery more than a decade ago and remains one of the only firms with litigation partners and counsel who count ediscovery as their full-time practice. Since then, we have advised clients in virtually every industry and in every area of legal practice.
With our clients’ goals always at the forefront, we have negotiated model case management plans and lessened the burden of costly discovery requests through unique response strategies. Our team is well versed in cost recovery, attorney-client privilege protection, and engaging forensic experts. We also know the most advanced collection and search methods, and how to supervise document reviews on a massive scale.
- Depending on the size and scope of the particular litigation matter, we offer several well-tested, cost-competitive document review options, using a proprietary model to project and manage work flow, cost, staffing requirements, and deadlines to help our clients achieve all their objectives while keeping costs at a minimum.
- O’Melveny has formed a groundbreaking alliance with H5, a sampling-based document review pioneer. H5 search scientists and linguists advise and provide expert testimony on search methods, and help design methods of sampling-based document review that are more accurate, more defensible, and less expensive than the off-the-shelf software alternatives.
- We use staff lawyers and technical specialists—full-time employees of the firm whose sole function is to design, manage and supervise document review projects of any size and scope for the most cost-effective approach.
- Our lawyers also counsel our clients pre-litigation, working with in-house lawyers, information technology, and records management personnel to design effective document retention and destruction practices.
- Our lawyers regularly advise global companies on risk management and compliance strategies that minimize the burden and cost of maintaining and collecting data in the uniquely challenging case of cross-border litigation.
- We are active in the ediscovery community, and serve on several advisory boards in the field, including the Board of Governors of the Organization of Legal Professionals (an ediscovery standard-setting organization); the Sedona Conference; and Strafford Publications’ Litigation & ADR Advisory Board.
- We have authored three ediscovery 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.
Financial Services CompanyO’Melveny represents a financial services company in a series of purported ERISA class actions spanning several districts. Read
Global Electronics and Entertainment CompanyWe regularly advise these related global entertainment companies on aspects of document preservation, ediscovery practices, and IT configuration. Read
Global Hospitality CompanyWe worked with a global hospitality company to adopt document retention and other related policies for all of its US and international personnel. Read
Global Technology CompanyWe represented a global technology company in a worldwide monopolization lawsuit. Read
Government Sponsored EntityO’Melveny represents a large GSE in two complex multidistrict civil cases and corresponding regulatory investigations, in which we serve as its primary outside discovery counsel. Read
Health Benefits CompanyWe represented the largest health benefits company in the US in multidistrict litigation. Our lawyers were instrumental in the ediscovery vendor selection process as well as the collection of electronic records located in various sites, including California and Georgia. Read
Healthcare Services ProviderIn additional to handling ediscovery on some of its most important litigation, we advised one of the largest healthcare providers on creation of a data map and application directory for use by its counsel. Read
Nation’s Largest Electric UtilityIn addition to our extensive litigation work for this public utility, we were called upon to create a comprehensive ediscovery manual for use by the legal department in all matters, and provide related training and implementation. Read
Online MarketplaceO’Melveny represents the world’s largest online marketplace in a nationwide, purported class action on behalf of all sellers. Read
Second Circuit Privacy CaseA team of O’Melveny attorneys serving as amicus counsel helped achieve a major pro bono victory for privacy advocates and providers of cloud-based services when the Second Circuit, in a landmark decision, ruled that a warrant issued under the Stored Communications Act (SCA) cannot compel US companies to produce data stored outside the country. Read
Welding Fume LitigationTo avoid the pitfalls inherent in multiple defendants’ responding to discovery requests in multiple jurisdictions, O’Melveny formulated protocols under which dozens of lawyers involved in various aspects of the litigation operate to address discovery issues. Read
- ACE U.S.A.
- Ameriprise Financial
- Amylin Pharmaceuticals
- Bumble Bee Foods, LLC
- General Mills
- Johnson & Johnson
- Prudential Insurance
- Skechers USA
- State Farm
- Southern California Edison
- Sysco Corporation
- US Airways
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