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At Bracewell, we recognize that eDiscovery does not lend itself to a one-size-fits-all solution. The traditional approach of “preserve everything, collect everything, review everything” is unnecessary and prohibitively expensive. Cost saving methods exist, but too frequently are overlooked when different counsel and vendors reinvent the process with each new litigation and investigation. Bracewell’s eDiscovery & Information Governance attorneys and staff work with our clients to customize eDiscovery strategies that apply across business units and are proportionate to their industry, IT infrastructure, resources, and risk tolerance. Our goal is to develop repeatable, cost-effective and defensible procedures that eliminate spoliation risks and limit the everyday business disruptions that eDiscovery can create.

We are more than a one-time resource; eDiscovery is an ever-changing series of laws, regulations and best practices. We partner with our clients to ensure their eDiscovery plans remain current and cost efficient. We are active participants in the Sedona Conference Working Groups and Certified eDiscovery Specialists under the ACEDS certification program. In addition, we work alongside industry leading forensic experts and eDiscovery vendors to ensure that our clients receive the most cost-effective and cutting edge services available. We also train in-house attorneys and IT professionals to understand and prepare for electronic evidence obligations and defensible best practices. Our clients are prepared long before their eDiscovery obligations arise.


eDiscovery Litigation Counsel
As eDiscovery litigation counsel, Bracewell attorneys represent our clients in all phases of litigation concerning eDiscovery, from developing case-specific collection and review protocols, to supervising contract review attorneys, to eDiscovery-related negotiations, meet-and-confers, court hearings, and motion practice. Our knowledge and courtroom experience begets efficient, practical solutions to many of the complicated issues arising from the proliferation of electronic data.

We serve as national eDiscovery counsel for many of our clients. As national eDiscovery counsel, we facilitate significant cost savings by centralizing our clients’ eDiscovery services into a single team of experienced litigators who fulfill our clients’ eDiscovery needs across venues, jurisdictions and subject matters.

The single greatest area of redundancy and cost inefficiency in the eDiscovery arena occurs when each of a client’s various outside counsel separately analyzes the client’s IT infrastructure and then implements—often incongruent—preservation and production plans. We eliminate these redundancies by assigning a single Bracewell eDiscovery team, who develops institutional knowledge of the client’s processes and procedures and then works closely in support of the client’s primary outside counsel irrespective of jurisdiction or subject matter. The services that Bracewell’s eDiscovery teams perform include:

  • monitoring and documenting compliance with initial preservation obligations;
  • consulting on vendor and technology-related issues, including advising clients on vendor selection and pricing, the use of document review technologies, and early case assessment analytics;
  • leading eDiscovery meet-and-confers and discovery conferences;
  • drafting uniform objections and responses to document demands;
  • defending the client’s preservation, collection, review, and production methodology in motion practice;
  • supporting and interfacing with the client’s primary outside counsel;
  • developing document review annotation criteria;
  • retaining and supervising document review contract attorneys;
  • developing and implementing a uniform and efficient methodology for privilege logs; and
  • creating a repository of past document review annotations for use in future proceedings that concern an overlapping universe of documents.

Litigation and Regulatory Planning and Readiness
Our eDiscovery & Information Governance attorneys conduct an audit of our clients’ regulatory and litigation-based preservation obligations and work closely with the client and forensic specialists to design an eDiscovery “playbook” that is customized to meet the client’s circumstances and goals. Our attorneys are part lawyer, part technologist, and part consultant. We help clients:

  • craft policies and procedures on how to respond to any event that triggers a preservation obligation, including standing regulatory requirements, litigation threats (or actual filings), governmental inquiries, and third party subpoenas;
  • ensure uniformity across business units and entrench institutional practices and knowledge that transcend personnel changes that can otherwise paralyze efforts to respond to ongoing and diversified document retention obligations; and,
  • design company-specific templates that are essential to implementing, documenting, and ultimately defending the preservation process, including preservation and litigation hold notices, custodian interview forms, checklists and tracking charts, and data source mapping worksheets.

Representative Matters

  • Assisting one of the nation's largest federal savings banks, with assets of almost $10 billion, in drafting and implementing a litigation readiness and data preservation Manual of Policies and Procedures.
  • Representing New York private equity fund in first eDiscovery spoliation case to be heard by the New York Court of Appeals (the highest court in New York State).
  • Served as regional eDiscovery counsel for one of the nation’s largest insurance companies.
  • Assisted Fortune 500, international energy services company by revising and upgrading its corporate governance and compliance policies and procedures, including its document management, document retention, and legal hold policies.
  • Advised public pharmaceutical company throughout the development and implementation of its domestic and international compliance policies, programs, and procedures, including corporate governance policies, data retention and legal hold policies, and data privacy compliance policies.
  • Defended Fortune 500, multi-national energy company in connection with high-profile criminal proceeding involving the Deepwater Horizon explosion and oil spill in the Gulf of Mexico.  Handled the collection, production and forensic analysis of electronic data from company-issued computers and hand-held devices, as well as the collection of cross-border data.