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Identification
- Review of the sources of electronic evidence to identify all potentially relevant/responsive information
- Development of customized questionnaires for interviews of employees who are likely to possess potentially relevant information, and completion of those employee (“custodian”) interviews
- Preparation of reports and analysis of all sources of potentially relevant electronic data to expedite the collection process
Preservation
- Legal assessment of existing preservation processes: meeting with legal, IT, records management and corporate professionals to ensure all potentially relevant records are preserved for anticipated or actual litigation
- Preparation of internal customized legal hold notices and preservation letters to opposing counsel to ensure all potentially relevant information is appropriately preserved by all parties to the litigation
- Attendance at meet and confer sessions with opposing counsel to ensure the scope of e-discovery remains proportionate and cost-efficient
- Legal advice and recommendations on all aspects of preservation
Collection
- Assisting with the identification and retention of a forensic vendor to conduct the collection and processing of electronic records
- Legal advice regarding all aspects of the collection process for electronic and paper records
- Preparation of chain of custody documents for the collection process
- Management of collection processes to ensure minimal disruption to employees and IT department
- Management of the collection process for all potentially relevant paper records, including the preparation of chain of custody documents
Processing
Wortzman Nickle works with the forensic vendor to ensure the processing phase is as effective as possible in terms of results and costs. We provide legal advice and recommendations regarding:
- Processing of electronic data to identify best possible search criteria to reduce the data collection
- Appropriate use of software and filters to effectively and defensibly cull data
- Best available electronic tools including de-duplication, near de-duplication and concept clustering software
- Analysis of collection post-processing to ensure cost-effective and timely review and management of the collection
Lawyer Review
The lawyer review is one of the most expensive phases of the e-discovery process. Through the use of electronic tools and experienced, trained review lawyers, Wortzman Nickle ensures that the review is reliable, appropriately expedited and cost-effective. We provide legal advice and recommendations regarding:
- Available and appropriate review tools and software, including use of concept clustering software to expedite the review phase
- Reducing the costs of lawyer review for large volumes of data
- The provision of a fully trained and experienced team of qualified lawyers for lawyer review, at first and second levels of review
Production
- Legal advice on all aspects of production including scope, timing, production fields, and format
Additional Services
- E-discovery planning, budgeting, scheduling and project management
- Legal advice on bringing or responding to e-discovery related motions
- Provision of e-discovery training sessions to lawyers, clerks, litigation support professionals and other employees involved in the litigation process
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