Electronic Discovery and Records Management

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Discovery was hard enough before. With the rise of electronic communications and the recent amendments to federal and state rules of civil procedure providing ready access to them, the already rough terrain vastly expanded and became salted with landmines. False steps bring harsh consequences—monetary sanctions, adverse inference jury instructions, dismissal of claims or defenses. The only way to manage the risk is with an experienced guide equipped with the knowledge and tools to provide careful passage through the hazardous land of electronic discovery.

At Miller Canfield we have more than 15 years of experience and more than 20 professionals specializing in electronic discovery and records management. Our dedicated staff of attorneys and paralegals can respond quickly to your needs whether before or after litigation arises. We provide a full range of electronic discovery and records management services that we can tailor to your situation. Our location allows us to offer high quality services with Midwestern value. And when your project is done, we’ll keep in touch with the latest electronic discovery developments through email alerts and webinars. With Miller Canfield as your guide, electronic discovery just got easier.

Extensive experience sets us apart. With more than 15 years of experience in e-discovery, we've developed data preservation and discovery plans, harvested terabytes of data, negotiated search terms, handled motions for protective orders and sanctions. We've reviewed and produced more than 100 million pages of hard copy and electronic documents and written privilege logs bigger than "War and Peace." We're comfortable shepherding e-discovery in any matter—from a simple response to a third-party subpoena for a local company to complex, multidistrict litigation involving multinational corporate giants. Our experience includes:

In a federal court action involving antitrust and copyright infringement claims, we collected, reviewed and produced more than 80 million pages from a Fortune Global 100 business technology company’s worldwide locations.

In a federal court civil rights action, we served as a Special Assistant Attorney General to design, implement and defend a discovery plan that involved the collection of more than 1 million pages from multiple locations.

In price-fixing class actions in 15 states, we developed a litigation and discovery management system for 6,900 plaintiffs, 100 complaints and over 1 million discovery documents.

For several international manufacturers, we serve as national discovery counsel and have developed systems for timely and accurate discovery compliance throughout the U.S.

Alternative pricing models and budgets are nothing new to us. Because we’ve managed more than 100 discovery projects, we are uniquely able to provide you options at each discovery stage, explain the cost/benefits and help you select the best plan.

One-size plan does not fit all so we work with you to match your specifications for budget and timing and to select the right services for your situation. While we offer a full range of discovery and record management services, we are available as your full-time discovery counsel or for a specific project.

More than 20 lawyers, legal assistants, IT specialists and document clerks spend at least 80% of their time on discovery management matters and for most, this is their full time passion. In addition, we have 100+ other qualified Miller Canfield lawyers and legal assistants who are trained and readily available for various discovery management projects—no matter how quickly you need help.

Our e-discovery facility is a dedicated facility equipped with 25+ computer stations networked to high-speed printers and multifunction devices. More specifically, 64 byte Microsoft servers provide 12 Terabytes of storage with data mirrored to redundant servers that are backed-up daily. We can use any review platform including Summation, iConnect and Relativity and we own 150 licenses for in-house document review projects.

Employee education and training is crucial to controlling discovery risks and costs. We understand that the best policies and procedures aren't worth the files they're stored in unless employees understand and execute them properly. Our team works with human resources, IT and legal departments to develop and implement effective records management and litigation readiness policies and we offer tailored employee education and training. We’ve worked with numerous industries as well as state agencies and trade associations.

Consistent counsel has many advantages. It’s a real partnership. Issues and discovery often overlap from one case to the next and our familiarity with the company’s business allows us to locate and produce the relevant discovery consistently and efficiently, which reduces both litigation risk and expense.

Publications

"Data Spoliation Sanctions," Faces of Risk Management, Financier Worldwide Magazine,  2013

"Recovery of E-Discovery Costs under 28 USC § 1920," Michigan Defense Quarterly, October 2012

"FOIA Compliance in the Age of Electronic Records," (Co-author Scott T. Wrobel), Stout Risius Ross Journal, Fall 2012

"Data Security, E-Discovery and Corporate Boards," (Co-author Phillip M. Shane), The Corporate Board, July/August 2012

"Email Missteps to Avoid: 'Reply To All' & 'Auto-Complete,'" (Co-author Phillip M. Shane), Michigan Defense Quarterly, July 2012

"Advise Your Client on Preservation of Electronic Evidence," Institute for Continuing Legal Education, June 2010

"Courts Impose Sanctions for Failure to Disclose Discoverable Data,” Inside Counsel, December 2009

“Handling Electronic Records, Risk Management and Investigations,” Financier Worldwide Magazine, October 2009

“Slaying the E-Discovery Beast Through an Effective Rule 26(f) ‘Meet and Confer’,” American Bar Association Pretrial Practice & Discovery Newsletter, Fall 2009

“Michigan’s New Discovery Rules:  Early Involvement can Reduce Risks and Costs of Discovery,” The Litigation Newsletter, State Bar of Michigan, Spring 2009

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