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Electronic Discovery

Kean Miller's e-discovery team advises clients on information governance, electronic discovery protocols, e-discovery compliance, electronically stored information (ESI), management, and retention and destruction policies and procedures. We have extensive knowledge regarding rules and procedures for negotiation and development of discovery plans in federal and state courts, including a wealth of experience in developing and negotiating of search terms with opposing counsel, and extensive experience in negotiating and implementing same. We also have extensive knowledge and experience in preparing corporate clients for “discovery on discovery” and in implementing and fulfilling obligations pursuant to court-ordered compliance efforts. We routinely provide design, implementation, and execution of strategies designed to help clients cope with this evolving area of the law. Our team has experience in designing and implementing every phase of the eDiscovery process including custodian identification, supervising, and participating in custodian interviews, overseeing forensic collection, managing and designing technology assisted reviews, including predictive coding and continuous active learning (CAL), and implementation and use of the full range of most up-to-date advanced analytical tools in a variety of the most routinely utilized document management and litigation management platforms and eDiscovery tools.

Members of our e-discovery team have attended some of the most prestigious conferences on new developments in electronically stored information, and have given continuing legal education programs, written articles, and provided advice to a wide variety of industries, including energy, petrochemicals, drilling and exploration, and technology. A team of Kean Miller attorneys and Information Technology professionals worked with in-house counsel for a Fortune 200 energy client to help it choose a preferred vendor for e-discovery needs on a national scale. These efforts included in-depth reviews of leading vendors' capabilities and pricing structures and interviews of vendor representatives and assisting the client with the migration of all data to the newly selected platform.


Representative Experience:
  • Representation of a global energy company in all major aspects of its discovery protocol, including use of technology assisted review, predictive coding, and advanced analytics, and management of all discovery for various massive multi-matter dockets
  • Representation of clients with regard to the preparation of retention policies for electronic mail and other electronic records that are simple, easily implemented, and defensible in court
  • Representation of a client in connection with a successful motion to compel that required a national financial institution to produce electronic mail stored in an obsolete legacy format. Opponent contended that requested production would cost more than $750,000. Case settled on favorable terms prior to a hearing on the motion.
  • Representation of the Board of Supervisors of a major Louisiana university in connection with electronic discovery matters in a complex case of alleged employment discrimination.
  • Representation of several Fortune 25 clients who maintain documents in an electronic database. Kean Miller has been involved of the development of appropriate coding and selection criteria with the clients in order to ensure accurate and complete electronic data accumulation for use in responding to discovery in multiple cases of similar type. We also continue to assist client management with innovations in the use and training on the electronic database.
  • Representation of global energy company with primary responsibility for identifying and preparing corporate records custodian for dozens of hearings and depositions for multiple large dockets