Every aspect of modern business is digitized, from transactions to communications to records management, and electronic evidence is often the key to achieving the best outcome for clients. As a result, eDiscovery is the most useful and efficient tool to give clients the information, data points, and knowledge necessary to win cases and settle lawsuits, as well as to avoid penalties for not properly responding to requests for electronically stored information (ESI). Walsh has deep experience accessing, identifying, collecting, reviewing, and producing ESI for the most effective representation across a wide array of matters in a fast-evolving and complex landscape.

Sophisticated ESI guidance to further a client’s interests and to avoid potential exposure to litigation sanctions is needed more than ever. Our team is well-versed in the relevant federal and state procedural rules, follows related rules changes, and understands the nuances of issues under discussion in the courts, including, for example: spoliation, evidence collection, form of ESI production, scope of legal hold and preservation, computer-assisted review or predictive coding, clawback agreements, metadata preservation and production, privilege waiver, social media discovery, and related issues.

Clients from a wide range of industries rely on our eDiscovery services: pharmaceutical, financial, insurance, real estate, health care, and education. From the single-plaintiff suit or internal investigation to trade secret matters to nationwide class actions, we have the expertise and services to meet the needs of any size case.

Walsh’s eDiscovery team combines technological expertise with practical, hands-on trial experience – anticipating how evidence will be used at trial to enhance both eDiscovery and trial strategies. In addition, we help clients understand the complexities of the issues at hand and work collaboratively with substantive law specialists from other firms. Walsh’s promise to be pragmatic and cost-effective means we monitor when the expense of proposed discovery outpaces its benefit and work to ensure discovery occurs in proportion to the needs and goals of the litigation.

We offer a wide range of services and strategies throughout the eDiscovery lifecycle: preservation, collection, processing, review, and production. Our eDiscovery audits examine existing data protocols and policies to assess compliance and recommend modifications if needed. In litigation, we advise on all aspects of data and discovery, negotiate scope and format of e-discoveries, and supervise review of ESI by vendors and contract attorneys. Our litigation support services include issue coding, deposition and trial preparation, literature repositories and reviews, trial support, trial presentations, and appeal brief support. Our records and information management capabilities include best practice development, vendor RFP oversight, defensible data disposition, records retention policies and procedure development, information governance policies, litigation readiness, data migration and classification, compliance programs, information management, social media, cloud computing and mobile device policies. Our capabilities also include deploying and leveraging discovery technology and investigating improper access of ESI.