E-Discovery

Farella Braun + Martel provides our clients with decades of experience at the forefront of litigation discovery. No matter how large or complex the matter, our team is fully equipped to meet our clients’ e-discovery needs. Clients frequently request our services as their litigation support vendor even in cases where Farella does not serve as primary outside counsel. Our team provides document review and production support, as well as counseling on document retention policies in connection with litigation and more generally for corporations that want to institute a company-wide document retention policy. We are fully versed in the e-discovery rules and routinely assist our rapidly evolving clients in complying with them.

Cost-Effective Solutions

Farella is dedicated to reducing our clients' costs in e-discovery. Our attorneys are aware of how expensive e-discovery can be and we make discovery decisions with their associated costs in mind. We accomplish cost reductions through automating as much of the process as possible, hiring the right vendor for each job (as needed), and prudent use of outsourcing. We understand that the best solution to e-discovery issues and forensic evidence management is to tackle them at the earliest stage of litigation. We regularly assist clients develop e-discovery plans at the outset of a case in order to best position the client to address issues when they arise. From document retention planning and collections to privilege review, defining the parameters for every stage of discovery early in the litigation process avoids costly surprises, and can be a foundation for scheduling and negotiating settlement.

Technology and Human Capital as Differentiators

Farella has long believed in using the most prudent, sound and sophisticated technology applications. In every aspect of our work - case management, litigation support, client access to instant information - the firm has dedicated substantial human and computer resources to developing a technological edge that allows us to respond flexibly and creatively to both litigation and business matters. Regardless of the size of the case or the complexity of a matter, Farella is committed to effective litigation discovery.

Farella's in-house Practice Support department has been conducting electronic discovery since the early 1990s, and we have the capacity to process many projects in-house for very low fees. To save hosting charges, we own our own review platforms, and can host data for clients, co-counsel and experts at no cost to the client. Our hosting and review platforms are compatible with data analytics tools. We use automated processes both to reduce the amount of data that must be reviewed by humans and to double-check the quality of attorney review. For privilege reviews, for instance, we have standard searches we run in addition to attorney names to catch as many potentially privileged documents as possible.

When the use of outside vendors is called for, we exercise judgment and prudence to find the right e-discovery vendor for the project. We understand that different vendors use different methods for determining price, and we hire the vendor who will be least expensive for each project. We monitor the going market rates and thoroughly review vendor invoices for inaccuracies and extra charges. In cases where our clients already have arrangements with providers, we help our clients review their bills and negotiate cost reductions. We have outsourced attorney review both locally and offshore. We have workflow and quality control procedures in place to monitor contract attorneys' productivity and accuracy.

Industry Leadership

Our experience is regularly requested at conferences throughout the United States. We author articles, are frequently quoted in industry publications and train our clients on cutting-edge legal issues concerning
their current litigation and corporate policies.