Electronic Discovery and Information Law

LEADERS

Overview

Gibson, Dunn & Crutcher’s Electronic Discovery and Information Law Practice Group is comprised of some of the world’s most knowledgeable and experienced practitioners in the areas of electronic discovery and information governance.

Our Electronic Discovery and Information Law lawyers advise clients in developing pre-litigation policies and procedures and in implementing effective technologies to manage and dispose of data defensibly and consistently with emerging best practices.  They also advise clients on preserving documents and data effectively where there is a duty to preserve.  Such defensible disposal before there is a duty to preserve, and then preservation (through, for example, a legal hold) once a duty to preserve arises, can be imperative for substantially mitigating the costs and risks of litigation and investigations.

In addition, our Electronic Discovery and Information Law lawyers advise clients and work with our litigation teams regarding:

  • The trigger, scope and implementation of legal holds
  • The selection of e-discovery technologies and service providers
  • The identification and collection of potentially relevant information from complex information systems, and the increasingly balkanized array of other sources of documents and data, including mobile devices and cloud storage (both enterprise and personal cloud)
  • The use of technologies such as predictive coding and data analytics to potentially make document search and review more effective, less time-consuming and often significantly less costly
  • The navigation of foreign data privacy laws in the collection, review and transfer of documents and data
  • The defense of the reasonableness of processes used in the preservation, search, review and production of documents

These capabilities are critical in an era in which virtually all business information and communications are digital; data volumes, sources and types are growing exponentially; mobile devices and new forms of communicating, such as text messaging, chats and instant messaging, are proliferating; large data stores of a variety of digitized information, such as audio and video recordings, are becoming increasingly common; data may be located and transferred across international borders; and legal standards are developing rapidly and often inconsistently.

The best outcomes can be achieved in litigation and governmental investigations with effective preservation, collection, search, review and production.  The sometimes enormous costs of processing, storing and reviewing electronic documents can be substantially mitigated through effective pre-litigation information governance and through the appropriate use of new technologies and methodologies for search and review.  Conversely, failures in these areas can lead to adverse and costly outcomes.

By applying their knowledge and experience in these areas, our Electronic Discovery and Information Law lawyers can help ensure the best results for our clients, particularly in high-stakes and complex matters.

RECENT PUBLICATIONS

2017 Year-End E-Discovery Update

-January 18, 2018

Unfinished Business: A Wish List for New FRCP Amendments

-December 15, 2017

2016 Mid-Year E-Discovery Update

-April 6, 2017

2016 Year-End E-Discovery Update

-January 17, 2017

Wrapping Up 2016: Major Trends, New Rules and Emerging Caselaw

-January 5, 2017

Trends Under Amended Federal Rules of Civil Procedure 37 and 26

-September 15, 2016

2016 Mid-Year E-Discovery Update

-August 17, 2016

Rethinking TAR: New Technologies and Strategies Should Bring the Promise Closer to Reality

-December 30, 2015

Spoliation Standards Under The New Rule 37(e)

-October 28, 2015

Curtailing Retroactive Liability Should Fall To Courts

-October 20, 2015

Practical Considerations In Using Predictive Coding

-October 5, 2015

eDiscovery Vendor Developments: A Tale of Two Cities

-August 11, 2015

2015 Mid-Year E-Discovery Update

-July 15, 2015

The Coming Storm: Companies Must Be Prepared to Deal With Text Messages on Employee Mobile Devices

-June 23, 2015

Technological Incompetence Doesn’t Excuse Discovery Failures

-March 17, 2015

Cybersecurity and Data Privacy Outlook and Review: 2015

-February 17, 2015

Metrics that Matter: Van Halen, M&Ms and Measurement in E-Discovery

-January 22, 2015

2014 Year-End E-Discovery Update

-January 20, 2015

U.S. President Obama Announces Renewed Focus on Securing Cyberspace and Protecting Consumer Privacy

-January 20, 2015

How Litigants Should Approach Categorical Privilege Logs

-September 22, 2014

Tools Let Attorneys Follow the Breadcrumbs

-September 5, 2014

2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology’ in eDiscovery?

-July 31, 2014

2014 Mid-Year Electronic Discovery Update

-July 16, 2014

Litigation Legal Holds and ‘Bring Your Own Device’

-April 10, 2014

There’s No Harm In Asking For Harm Post-Spokeo

-February 27, 2014

NIST Debuts Cybersecurity Framework

-February 20, 2014

Current Approaches to Managing Discovery in California Complex Courts

-February 3, 2014

2013 Year-End Electronic Discovery and Information Law Update

-January 15, 2014

Technology: To image or not to image, that is the question

-January 10, 2014

Technology: Self-collection is not always the fox guarding the henhouse

-December 27, 2013

Perils of E-Discovery Reflected in Sanctions Opinion

-December 20, 2013

Technology: Auto-delete and the not-so-safe harbor

-December 13, 2013

Technology: Your company’s legal hold obligations may not be a Dr. Seuss story

-December 6, 2013

Chancery Provides Framework for ESI Discovery, Preservation

-November 20, 2013

Technology: Embracing the use of mobile devices in e-discovery

-November 15, 2013

Technology: Is Instant Messaging the Next Email?

-November 1, 2013

Cyber-security and Data Privacy Outlook and Review: 2013

-April 16, 2013

In-House Search Warrant Checklist

-March 4, 2013

2012 Year-End Electronic Discovery and Information Law Update

-January 14, 2013

Chancery Court in Brookstone Underscores Primacy of Comity and Efficiency

-December 27, 2012

Growing Trend Favors Disclosure of Witnesses’ Identities

-December 6, 2012

Law Firms and Cyber Security: A Titanic Risk

-August 1, 2012

Searching questions: Freedom of expression, competition and search engines

-June 12, 2012

Protect or Participate?

-May 11, 2012

Non-Party…Party? When it Comes to Deleted ESI, Is There a Difference Anymore?

-April 26, 2012

The Obama Administration Unveils New Consumer Data Privacy Framework for the Digital Economy

-February 24, 2012

2011 Year-End Data Privacy and Security Update

-February 7, 2012

Proposed EU Privacy Rules Add to the Burden on International Businesses

-January 31, 2012

The Perils of Collecting Information at the Register

-September 8, 2011

An EU Data Privacy Advisory Body Provides Guidance Regarding Consent to Process Personal Data

-August 8, 2011

Robot Review: Will Predictive Coding Win the Trust of the Courts?

-August 1, 2011

E-Discovery Basics: Cross-Border E-Discovery (Vol. 1, No. 11)

-July 25, 2011

2011 Mid-Year E-Discovery Update

-July 22, 2011

E-Discovery Basics: Admissibility and Presentation of ESI (Vol. 1, No. 10)

-July 18, 2011

E-Discovery Basics: Production of ESI (Vol. 1, No. 9)

-July 11, 2011

E-Discovery Basics: Processing & Reviewing ESI (Vol. 1, No. 8)

-July 5, 2011

E-Discovery Basics: Collection of ESI (Vol. 1, No. 7)

-June 27, 2011

E-Discovery Basics: Preservation of ESI, Part 2 (Vol. 1, No. 6)

-June 20, 2011

French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements

-June 15, 2011

E-Discovery Basics: Preservation of ESI, Part 1 (Vol. 1, No. 5)

-June 13, 2011

E-Discovery Basics: Legal Holds (Vol. 1, No. 4)

-June 6, 2011

E-Discovery Basics: Litigation Preparedness (Vol. 1, No. 3)

-May 31, 2011

E-Discovery Basics: The E-Discovery Life Cycle (Vol. 1, No. 2)

-May 23, 2011

E-Discovery Basics: Why Should I Care About E-Discovery? (Vol. 1, No. 1)

-May 17, 2011

E-Discovery Developments: Court Holds That Oral Preservation Notice Is Not Automatically Sanctionable

-May 13, 2011

French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements

-May 11, 2011

How (Not) to Lose Data and Alienate Judges

-April 20, 2011

Scheindlin’s ‘Day Laborer’ Decision: Much Ado About Metadata

-February 22, 2011

E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26(f) Duties

-February 10, 2011

E-Discovery Trends: Delaware Chancery Court Adopts Preservation Guidelines for Electronically Stored Information

-January 28, 2011

2010 Year-End Electronic Discovery and Information Law Update

-January 13, 2011

Social Media Marketing

-November 1, 2010

Court Orders Spoliator Imprisoned, Surveys Differing Preservation And Sanctions Standards: An In-Depth Look at Victor Stanley II

-October 14, 2010

2010 Mid-Year Report on Electronic Discovery and Information Law

-July 22, 2010

2010 Mid-Year Electronic Discovery and Information Law Update

-July 13, 2010

Unanimous U.S. Supreme Court Ruling in “Quon” Highlights Importance of Employer Technology-Usage and Privacy Policies

-June 18, 2010

Reevaluating the Rules for E-Discovery

-May 21, 2010

‘Quon’ Could Have Consequences for E-Discovery

-March 22, 2010

Oh No, Ephemeral Data!

-March 22, 2010

E-Discovery Principles Revisited

-January 28, 2010

Honey, I Forgot the Cell Phone: The 411 on ‘Outlier’ ESI

-January 27, 2010

2009 Year-End Electronic Discovery and Information Law Update

-January 15, 2010

E-Discovery Trends: Significant New Decision by Author of Famed Zubulake Decisions

-January 14, 2010

Electronic Discovery Trends: Federal Courts in 2009 Continued to Shape Guidelines, Best Practices for Document Preservation

-December 22, 2009

To Have and to Hold: A Romantic Guide to Document Preservation

-December 16, 2009

Court Holds U.S. Discovery Rules Trump French Law and Hague Convention

-December 1, 2009

Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool

-November 2, 2009

If The Sedona Conference Builds It, Will They Cooperate? Year in Review

-October 27, 2009

The Recorder: Access Granted

-July 15, 2009

2009 Mid-Year Update on E-Discovery Cases

-July 8, 2009

California Enacts Comprehensive E-Discovery Legislation Effective Immediately – Legislation Follows Federal Rules Amendments, but Also Departs in Significant Ways

-June 30, 2009

Delaware Chancery Court Awards Sanctions for Spoliation; Issues Significant Guidance on Electronic Discovery

-June 19, 2009

Judge Issues a “Wake-Up Call” to New York Lawyers: When it Comes to Search Terms, Play Nice and Plan Ahead

-May 5, 2009

Offensive E-Discovery Depositions: Is There a Defense?

-November 1, 2007

Getting Ahead of the E-Discovery Curve: The Junior Attorney’s Guide

-April 2, 2007

Overview of the E-Discovery Amendments to the Federal Rules of Civil Procedure

-December 31, 2006

Avoiding the Scarlet “S”: The Modern Challenges of Document Preservation and Destruction

-June 30, 2005