Electronic Discovery and Information Law

Leaders

Gareth Evans Orange County
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Jennifer H. Rearden New York
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Overview

Gibson, Dunn & Crutcher's Electronic Discovery and Information Law Practice Group is comprised of some of the world's most knowledgeable and experienced practitioners in the areas of electronic discovery and information governance.

Our Electronic Discovery and Information Law lawyers advise clients in developing pre-litigation policies and procedures and in implementing effective technologies to manage and dispose of data defensibly and consistently with emerging best practices.  They also advise clients on preserving documents and data effectively where there is a duty to preserve.  Such defensible disposal before there is a duty to preserve, and then preservation (through, for example, a legal hold) once a duty to preserve arises, can be imperative for substantially mitigating the costs and risks of litigation and investigations.

In addition, our Electronic Discovery and Information Law lawyers advise clients and work with our litigation teams regarding: 

  • The trigger, scope and implementation of legal holds
  • The selection of e-discovery technologies and service providers
  • The identification and collection of potentially relevant information from complex information systems, and the increasingly balkanized array of other sources of documents and data, including mobile devices and cloud storage (both enterprise and personal cloud)
  • The use of technologies such as predictive coding and data analytics to potentially make document search and review more effective, less time-consuming and often significantly less costly
  • The navigation of foreign data privacy laws in the collection, review and transfer of documents and data
  • The defense of the reasonableness of processes used in the preservation, search, review and production of documents

These capabilities are critical in an era in which virtually all business information and communications are digital; data volumes, sources and types are growing exponentially; mobile devices and new forms of communicating, such as text messaging, chats and instant messaging, are proliferating; large data stores of a variety of digitized information, such as audio and video recordings, are becoming increasingly common; data may be located and transferred across international borders; and legal standards are developing rapidly and often inconsistently.

The best outcomes can be achieved in litigation and governmental investigations with effective preservation, collection, search, review and production.  The sometimes enormous costs of processing, storing and reviewing electronic documents can be substantially mitigated through effective pre-litigation information governance and through the appropriate use of new technologies and methodologies for search and review.  Conversely, failures in these areas can lead to adverse and costly outcomes.

By applying their knowledge and experience in these areas, our Electronic Discovery and Information Law lawyers can help ensure the best results for our clients, particularly in high-stakes and complex matters.