Overview

Electronic discovery has become an inevitable part of litigation, with costs and technical requirements that can easily become unwieldy and burdensome. Katten's Electronic Discovery and Information Governance group gets involved in matters from the very beginning, consulting in the early stages with the lead attorney to determine the matter’s scope and how its discovery requirements can best be met.

eDiscovery early case assessment

We work with the case team to strategically and holistically evaluate eDiscovery needs. We assess retention and preservation obligations, collection and scoping needs, vendor needs, and review and production requirements — all while making cost control a priority. We then guide clients through the entire eDiscovery process, combining internal resources with trusted outside vendors to devise solutions that are defensible, proportional and cost-effective.

Information governance

We also work to keep our clients ahead of the curve, advising them on developing law, emerging technologies and information governance strategies they can maintain moving forward. We advise them on litigation preparedness — on determining how best to preserve electronically stored information (ESI) in discoverable form — and we help them develop and implement records retention policies that are both practical and legally defensible. Through best practices and the selective use of robust technologies, we help our clients better control the costs of identifying, preserving, processing, reviewing and producing substantial volumes of ESI.

Experience

  • Lead e-discovery and evidence counsel to major private polymer and fiber manufacturer in receipt of federal grand jury subpoena issued in connection with Resource Conservation and Recovery Act. ESI preservation efforts included comprehensive data mapping, on-location custodial interviews, ad hoc consulting on potential data corruption and archiving concerns, and hosting an electronic workroom.
  • Represent Fortune 10 energy provider as lead e-discovery and evidence counsel in responding to civil, criminal and administrative actions arising under federal, state and local air quality and worker safety laws and regulations. Negotiated evidence and site control agreement and managed response to more than 700 information requests and demands issued by various government entities.
  • Represent leading lawn and garden manufacturer in one of the largest FIFRA civil and criminal enforcement matters.
  • Represent of one of the largest independent midstream energy companies in North America as lead e-discovery and evidence counsel in responding to federal investigations arising out of the Clean Water Act, worker safety laws and environmental laws governing hydraulic fracturing.
  • Represent Fortune 10 energy provider as lead e-discovery and evidence counsel in responding to federal and state parallel proceedings arising under Clean Air Act. Assisted in design and implementation of a "rapid response" initiative to identify, preserve, collect and produce ESI responsive to federal and state information requests.