Electronic Discovery & Practice Advisory Services

Featured Publication:

Technological Solutions for E-Discovery Professionals [Bloomberg Law]

Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for e-discovery professionals when working remotely.

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The proliferation of electronically stored information (ESI) has made it infinitely more difficult for businesses to manage, index, access, and preserve their own data. Employees routinely work on personal devices and essential business data is no longer centrally controlled. While the portability of data enhances operating flexibility and communication, it can also lead to enormous problems when a business becomes involved in litigation. Case outcomes increasingly turn on electronic evidence, and courts have recently issued large penalties against companies that were not able to properly respond to requests for electronically stored data. Given the importance of e-discovery in today’s digital marketplace, companies must have experienced and sophisticated e-discovery counsel.

The firm represents a wide variety of public and private companies on the full range of e-discovery issues. Cozen O’Connor attorneys provide comprehensive litigation readiness counseling, which means that we help clients get their electronic houses in order before being confronted with an actual claim. We map the location of critical data; establish policies for collection, retention, destruction, and extraction of data; perform e-discovery fire drills; and train employees in best practices. We also advise clients on the preservation, collection, review, protection, and production of electronic data in the context of active litigation or government investigations. We not only help clients respond efficiently to e-discovery requests, we also craft e-discovery strategies that affirmatively place clients in the best possible position.

Cozen O’Connor is one of the few large firms in the country that combines cutting-edge technological savvy with an immense amount of hands-on trial experience. Being able to accurately anticipate how evidence will be used and perceived at trial is essential when making critical early decisions about e-discovery strategy. Whether interviewing custodians of relevant data, drafting litigation holds, presenting the court with a preservation and protection plan, or advocating for a particular set of e-discovery parameters, Cozen O’Connor’s lawyers bring their well-known trials skills to bear.

OUR ATTORNEYS

Our attorneys stand at the lead of the emerging e-discovery field. Members of our team have served on the electronic discovery advisory panel for ARMA (the international trade association representing records and information managers); served on the board of the Defense Research Institute’s E-Discovery Committee; been active participants in The Sedona Conference, a research and educational institute dedicated to the advanced study of law and policy; and are Certified Information Privacy Professionals (CIPP/US) through the International Association of Privacy Professionals. Cozen O’Connor attorneys frequently speak at national conferences on e-discovery and digital forensics, and have published numerous articles concerning electronic discovery and practice and advisory services.

SERVICE AREAS

  • Advise on all aspects of e-discovery in the context of active litigation and government investigations, including methods for preservation, collection, review, protection, and production of electronic data

  • Negotiate with adversaries over the scope and format of electronic productions

  • Draft and manage “litigation holds” to avoid allegations of spoliation and potential sanctions

  • Investigate alleged improper access of electronically stored information (ESI)

  • Supervise review of electronic records by e-discovery vendors and contract attorneys

  • Work closely with computer forensics experts in electronic information investigations

  • Develop best practices governing the retention, storage, collection, destruction, and extraction of ES

  • Advise on software to improve tracking, retention, organization, and archiving of data

  • Lead interdisciplinary teams of IT and records management specialists, vendors, consultants, and in-house counsel to ensure the use of proper document-retention policies

  • Train clients on e-mail use, document retention, and other records retention issues

  • Develop pilot programs to audit internal e-discovery processes and identify problem areas

  • Conduct review of and apply data analytics to electronic records

TECHNOLOGY PROFESSIONALS

Our technology professionals have decades of experience collecting and managing electronic evidence for service providers, government agencies and law firms.  They are active members of the International Legal Technology Association (ILTA ) community and hold Certified Administrator and Certified User certifications issued by the leading document review platform in the legal space, Relativity. 

SERVICE AREAS

Our team manages data in-house utilizing the industry’s leading technologies to provide efficient and expert information management services, including:

  • Mapping the location of critical data, including identifying custodians

  • Preserving potentially relevant data sources

  • Coordinating the collection of data sources and custodians with clients

  • Collecting, processing and hosting data

  • Employing data analytics early-on to assess the magnitude and composition of a data set

  • Identifying the scope of data that needs to be reviewed

  • Leveraging technology to assist with review (e.g. Conceptual Searching and Active Learning)

  • Conducting early discrepancy searches to identify issues that need swift resolution

  • Imaging, Bates-numbering, and encrypting documents in preparation for production

  • Discussing threading, analytics, and production options to meet the needs and budget of the client

 

Publications

Technological Solutions for E-Discovery Professionals [Bloomberg Law]

December 08, 2021

Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for e-discovery professionals when working remotely.

Ethical Challenges of Conducting E-Discovery in a Remote Work Environment

February 05, 2021

Joseph Tate and Emily Plowcha contributed an article to The Legal Intelligencer discussing how the remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in the ever-evolving technological and legal landscape.

Emerging Data Types and IoT of E-Discovery in Civil Litigation [The Legal Intelligencer]

March 24, 2020

Joseph Tate and David Walton published an article to The Legal Intelligencer discussing that your new IoT data may be subject to preservation, collection and production in civil litigation.

Geospatial Data: A Missed Opportunity for Electronic Discovery Matters [Legaltech news]

March 18, 2020

Stephen Johnson, assistant director in the Electronic Discovery and Practice Advisory Services Group at Cozen O'Connor, published an article to Legaltech news discussing how to maximize the use of geospatial data.

‘Possession, Custody or Control’—Got It?

April 11, 2018

Michael de Leeuw, a member in the firm's Commercial Litigation Department, authored, " ‘Possession, Custody or Control’—Got It?" for the New York Law Journal.

How to Effectively Conduct Discovery in a Mobile-First World [The Legal Intelligencer]

February 07, 2017

Joseph Tate, a member of Cozen O'Connor's Institutional Response group, discusses how to conduct discovery in a mobile-first world.

In The News

Inexperienced Attorneys Can Absolutely Get E-Discovery Jobs, But First They Need E-Discovery Experience

October 28, 2021

Joseph Tate was quoted in an article published by Legaltech news discussing how he hasn’t seen the demand for e-discovery talent in the market this high in years.

Sorry Big Law, Consumption-Based E-Discovery Isn't Going Anywhere

September 08, 2021

Joseph Tate was featured in an article published by Legaltech news that discusses how pricing per gigabyte for the use of e-discovery tech will likely continue to be a mainstay in the industry.

6 Things Law Firms Wish Tech Vendors Knew About Their Procurement Process

September 02, 2021

Joseph Tate was featured in an article published by Legaltech news which discusses six things law firms wish tech vendors knew about their procurement process.

Joseph Tate a Guest on eDiscovery Leaders Live

May 19, 2021

Joseph Tate, chair of the firm’s eDiscovery & Practice Advisory Services Group, was a guest on George Socha’s eDiscovery Leaders Live, a weekly series where he chats with different leaders in eDiscovery.

Plaintiffs Social Media ESI Is Increasingly Discoverable. Will It Chill Meritless Filings?

April 13, 2021

Joseph Tate was featured in an article published by Legaltech News, "Plaintiffs Social Media ESI Is Increasingly Discoverable. Will It Chill Meritless Filings?"

Cozen O'Connor Brings On New E-Discovery Chair For Philly Office

February 18, 2021

Joseph Tate, Calli Padilla, and Maureen Holland are featured in a Law360 article highlighting recent leadership changes and the firm's summer associate program.

'When' Not 'How' the Question Companies Face in Preserving Video Chats

July 29, 2020

Joseph Tate was quoted in Legaltech news discussing how phone calls typically do not fall under the category of electronically stored information (ESI) unless they are recorded and preserved in some format.

Fifty-Eight Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 05, 2020

Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.

4 Times E-Discovery Made the News in 2019

December 30, 2019

Joseph Tate was featured in a Legaltech news article that discussed four places where e-discovery made the news in 2019.

Google’s Antitrust Case Underscores Tough Sell for ‘Cooling-Off' Discovery Requests

November 06, 2019

Joseph Tate was quoted in Legaltech news discussing Google's petition for a protective order against a Texas Attorney General, who is leading a multistate antitrust investigation against the company.

Inside the Trials and Tribulations of Modern E-Discovery Training

July 30, 2019

Joseph Tate was quoted in Legaltech News explaining the importance of training on e-discovery and some challenges that face this.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

Contacts

Joseph A. Tate, Jr.

Chair, Electronic Discovery & Practice Advisory Services

jtate@cozen.com

(215) 665-4629

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