eDiscovery Litigation & Readiness

OVERVIEW

EXPERIENCE

NEWS & INSIGHTS

ACCOMPLISHMENTS

Turning Data into Advantage. Discovery with Purpose.

As data volumes grow exponentially, so do the risks, costs, and complexity of discovery. Seyfarth’s eDiscovery team brings clarity, control, and confidence to this challenge. We manage preservation, collection, and production while also leveraging data as a critical asset, aligning it with legal strategy to shape and drive the narrative of the matter.

In today’s data-saturated environment, sophistication in eDiscovery is essential. Businesses face escalating data volumes, evolving and shifting categories of information, fragmented governance, complex regulatory landscapes, emerging technologies, and board-level scrutiny of data risk. These pressures demand more than reactive discovery, they require a proactive, integrated approach that mitigates risk and unlocks the strategic value of information.

HOW WE HELP

Our eDiscovery practice is built on Seyfarth’s Digital Asset and Technology Advocacy (DATA) Law framework, integrating litigation readiness with privacy, cybersecurity, AI legal advisory, and information governance.

We help clients:

Design and execute defensible, efficient discovery strategies that are proportionally tailored to the needs of litigation, investigations, and regulatory matters.
Leverage advanced technologies, including continuous active learning, advanced analytics, and generative AI, to reduce cost, accelerate insight, prioritize critical documents, and streamline large-scale reviews.
Align records and information governance with litigation readiness, enabling consistent retention, defensible preservation, and seamless coordination between compliance obligations and day-to-day operations.
Respond swiftly and strategically to discovery requests, regulatory inquiries, and internal investigations by coordinating legal, technical, and operational resources to deliver accurate, timely, and defensible information.

Our team brings together dedicated eDiscovery practitioners with advanced forensics and privacy certifications, deep hands-on IT expertise, and a proven track record of managing complex, high-stakes discovery across industries and jurisdictions.

OUR SERVICES

We ground our guidance in each client’s business realities, providing practical strategies that mitigate risk while preserving flexibility to adapt as matters evolve. Our services span the full lifecycle of discovery, from proactive readiness to complex litigation response:

eDiscovery Litigation & Investigation Support

Identification, Preservation, and Collection – Design and execute tailored, defensible workflows to identify and preserve relevant data, implement legal holds, and collect information across structured and unstructured systems, reducing risk while ensuring compliance with litigation and regulatory obligations.
Early Case Assessment & Strategy Development – Quickly assess key data sources and case facts to inform strategic decisions, shape the scope of discovery, control costs, and align discovery strategy with the overall case narrative and business objectives.
Document Review Management – Develop and manage defensible review projects that leverage advanced analytics, continuous active learning, and AI-assisted workflows to surface critical insights early, accelerate review timelines, and deliver results that withstand judicial and regulatory scrutiny.
eDiscovery Litigation Advocacy - Strategically lead eDiscovery litigation issues to protect client interests and control risk, including negotiating and drafting discovery protocols, resolving discovery issues through meet-and-confers, advancing defensible proportionality positions, managing motion practice, preparing and defending Rule 30(b)(6) (PMK) witnesses, and advocating for clients in hearings on eDiscovery matters.

Proactive eDiscovery Counseling & Readiness

Litigation Readiness Assessments – Evaluate current processes, assess and quantify risks, and design future-ready in-house discovery programs.
Handbook, Training, and Policy Development – Create and deliver tailored eDiscovery handbooks, practical training programs, and defensible policies for legal, IT, and compliance teams to ensure consistent, tailored approaches to preservation, collection, and review.
Information Governance Integration – Align retention schedules, deletion protocols, and governance frameworks with litigation risk and legal hold management.
Technology Advisory – Guide adoption of AI, analytics, and automation tools for defensible and efficient discovery workflows.
Cross-Border Data Strategies – Address privacy, cybersecurity, and data transfer challenges in global matters.

THE SEYFARTH EXPERIENCE

Seyfarth’s eDiscovery team stands apart through a rare combination of deep legal expertise, technical fluency, and innovative service delivery, all integrated within our DATA Law framework.

We don’t just manage discovery, we engineer strategic advantage.

Dedicated Focus: Our eDiscovery attorneys devote their entire practice to eDiscovery and information governance, bringing unmatched depth and specialization.
Technical Credentials: Our eDiscovery attorneys combine legal expertise with technical experience, including Certified Information Privacy Professionals, forensic certifications, and backgrounds in IT and digital forensics to deliver practical and defensible solutions.
Cross-Functional Fluency: We operate seamlessly across legal, IT, and executive functions by speaking and translating the languages of CTOs, CIOs, CISOs, and GCs alike.
Innovative Tools & Workflows: We leverage AI-enhanced platforms, predictive analytics, and defensible workflows to reduce costs, accelerate timelines, and enhance defensibility.
Data Science & Analytics Integration: We apply advanced analytical techniques to large and complex data sets to uncover patterns, assess risk, and identify key facts early, enabling more targeted discovery, efficient case management, and informed resolution strategies.
Integrated Risk Management: As part of Seyfarth’s DATA Law group, we deliver cohesive, cross-functional solutions that eliminate silos and future-proof discovery strategies within and across matter portfolios.

Whether advising on litigation strategy, conducting internal investigations, or building proactive discovery programs, we help clients reduce risk, control cost, and unlock the value of their data.

COMPLIMENTARY SERVICES

Clients navigating eDiscovery challenges often face overlapping risks in privacy and cybersecurity compliance and litigation, records and information governance, and the implementation and use of emerging technologies.

Seyfarth’s integrated DATA Law offerings help you stay ahead:

Privacy Compliance, Litigation, & Cybersecurity – Navigate global regulations, policy frameworks, breach response, and defend against privacy litigation and enforcement actions.
Data Science & People Analytics – Uncover insights, forecast exposure, and drive smarter litigation strategy.
AI Legal Advisory – Manage privacy and compliance risks tied to the adoption and use of generative AI.
Records & Information Governance – Align retention and deletion with litigation readiness, compliance requirements, and operational goals.

One team. Adaptive strategy. Future-ready.

EXPERIENCE

Served as national eDiscovery counsel to a large US insurance provider, providing advice on various eDiscovery and records information management issues to develop and enhance policies and practices with due consideration of eDiscovery litigation risk. In particular significant litigation matters, we are also called upon to coordinate eDiscovery efforts including the preservation, collection, processing, analysis, and review of electronically stored information. We also provide advice regarding the company’s international records retention practice.
Reduced the costs of conducting discovery by hundreds of thousands through proactive discovery tactics that leveraged proportionality and the latest in technology assisted review tools, including Continuous Active Learning.
Represented a large company for eDiscovery in a US Department of Justice (DOJ) civil investigative demand relating to one of their products. Our team managed the preservation, collection, processing, review, and production of more than 400 employee smartphones, computers, network locations, and email sources. We negotiated with the DOJ regarding the scope of collection from smartphones, conducted interviews of all custodians, managed collection vendors, and developed preservation strategy and review methodology. Our review methodology unified various smartphone artifacts into a singular file per custodian, which maximized review speed of typically difficult-to-review text message data.
Developed a strategy for a class action with potential exposure in the hundreds of millions to convert previously useless voluminous data sets (that had been disregarded by former counsel) into analyzable information. Then, through complex analysis of the datasets, we were able to identify putative class members who employed subcontractors, leading to a successful motion in limine that reduced class size almost by half and reduced exposure by more than 50%. We also designed a methodology for analyzing driver-data involving irregular and voluminous hours/mileage data to establish that the actual rate and extent of overtime violations was significantly less than alleged. This creative and practical solution directly contributed to a favorable settlement after the analysis provided plaintiffs with evidence of fewer violations.
Represented a confidential client in a grand jury matter subject to secrecy rules that included rapid collection, review, and analysis of significant volumes of information in connection with a grand jury investigation.
Developed an internal reporting mechanism, data classification, vendor management, internal and external policies, and training for compliance with US Data Privacy Law and voluntary compliance with the US-EU and US-Swiss Privacy Shield Framework to enable data transfers in compliance with the Global Data Privacy Regulation (GDPR).
Assisted an international retailer in the implementation of a customer loyalty, social interaction, and purchasing program that complied with GDPR and US state-specific privacy laws.
Updated and enhanced a pre-existing record retention schedule and policy, covering applicable retention requirements for a global pharmaceutical and medical products company to account for applicable global retention and storage requirements.
Performed a complex analysis and data visualization relating to timekeeping and payroll records and practices for a client in the professional services industry. The matter involved evaluating potential exposure pre-lawsuit filing, enabling the client to have insight into their data that they did not realize was possible. Our vision into the data and the related legal issues enabled us to work with the client to develop a cost-effective strategy for the client to leverage, which enabled resolution of the matter outside of litigation, ultimately avoiding millions of dollars in potential exposure.

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Turning Data into Advantage. Discovery with Purpose.

HOW WE HELP

We help clients:

Design and execute defensible, efficient discovery strategies that are proportionally tailored to the needs of litigation, investigations, and regulatory matters.
Leverage advanced technologies, including continuous active learning, advanced analytics, and generative AI, to reduce cost, accelerate insight, prioritize critical documents, and streamline large-scale reviews.
Align records and information governance with litigation readiness, enabling consistent retention, defensible preservation, and seamless coordination between compliance obligations and day-to-day operations.
Respond swiftly and strategically to discovery requests, regulatory inquiries, and internal investigations by coordinating legal, technical, and operational resources to deliver accurate, timely, and defensible information.

OUR SERVICES

eDiscovery Litigation & Investigation Support

Identification, Preservation, and Collection – Design and execute tailored, defensible workflows to identify and preserve relevant data, implement legal holds, and collect information across structured and unstructured systems, reducing risk while ensuring compliance with litigation and regulatory obligations.
Early Case Assessment & Strategy Development – Quickly assess key data sources and case facts to inform strategic decisions, shape the scope of discovery, control costs, and align discovery strategy with the overall case narrative and business objectives.
Document Review Management – Develop and manage defensible review projects that leverage advanced analytics, continuous active learning, and AI-assisted workflows to surface critical insights early, accelerate review timelines, and deliver results that withstand judicial and regulatory scrutiny.
eDiscovery Litigation Advocacy - Strategically lead eDiscovery litigation issues to protect client interests and control risk, including negotiating and drafting discovery protocols, resolving discovery issues through meet-and-confers, advancing defensible proportionality positions, managing motion practice, preparing and defending Rule 30(b)(6) (PMK) witnesses, and advocating for clients in hearings on eDiscovery matters.

Proactive eDiscovery Counseling & Readiness

Litigation Readiness Assessments – Evaluate current processes, assess and quantify risks, and design future-ready in-house discovery programs.
Handbook, Training, and Policy Development – Create and deliver tailored eDiscovery handbooks, practical training programs, and defensible policies for legal, IT, and compliance teams to ensure consistent, tailored approaches to preservation, collection, and review.
Information Governance Integration – Align retention schedules, deletion protocols, and governance frameworks with litigation risk and legal hold management.
Technology Advisory – Guide adoption of AI, analytics, and automation tools for defensible and efficient discovery workflows.
Cross-Border Data Strategies – Address privacy, cybersecurity, and data transfer challenges in global matters.

THE SEYFARTH EXPERIENCE

Seyfarth’s eDiscovery team stands apart through a rare combination of deep legal expertise, technical fluency, and innovative service delivery, all integrated within our DATA Law framework.

We don’t just manage discovery, we engineer strategic advantage.

Dedicated Focus: Our eDiscovery attorneys devote their entire practice to eDiscovery and information governance, bringing unmatched depth and specialization.
Technical Credentials: Our eDiscovery attorneys combine legal expertise with technical experience, including Certified Information Privacy Professionals, forensic certifications, and backgrounds in IT and digital forensics to deliver practical and defensible solutions.
Cross-Functional Fluency: We operate seamlessly across legal, IT, and executive functions by speaking and translating the languages of CTOs, CIOs, CISOs, and GCs alike.
Innovative Tools & Workflows: We leverage AI-enhanced platforms, predictive analytics, and defensible workflows to reduce costs, accelerate timelines, and enhance defensibility.
Data Science & Analytics Integration: We apply advanced analytical techniques to large and complex data sets to uncover patterns, assess risk, and identify key facts early, enabling more targeted discovery, efficient case management, and informed resolution strategies.
Integrated Risk Management: As part of Seyfarth’s DATA Law group, we deliver cohesive, cross-functional solutions that eliminate silos and future-proof discovery strategies within and across matter portfolios.

Whether advising on litigation strategy, conducting internal investigations, or building proactive discovery programs, we help clients reduce risk, control cost, and unlock the value of their data.

COMPLIMENTARY SERVICES

Seyfarth’s integrated DATA Law offerings help you stay ahead:

Privacy Compliance, Litigation, & Cybersecurity – Navigate global regulations, policy frameworks, breach response, and defend against privacy litigation and enforcement actions.
Data Science & People Analytics – Uncover insights, forecast exposure, and drive smarter litigation strategy.
AI Legal Advisory – Manage privacy and compliance risks tied to the adoption and use of generative AI.
Records & Information Governance – Align retention and deletion with litigation readiness, compliance requirements, and operational goals.

One team. Adaptive strategy. Future-ready.

EXPERIENCE

Served as national eDiscovery counsel to a large US insurance provider, providing advice on various eDiscovery and records information management issues to develop and enhance policies and practices with due consideration of eDiscovery litigation risk. In particular significant litigation matters, we are also called upon to coordinate eDiscovery efforts including the preservation, collection, processing, analysis, and review of electronically stored information. We also provide advice regarding the company’s international records retention practice.
Reduced the costs of conducting discovery by hundreds of thousands through proactive discovery tactics that leveraged proportionality and the latest in technology assisted review tools, including Continuous Active Learning.
Represented a large company for eDiscovery in a US Department of Justice (DOJ) civil investigative demand relating to one of their products. Our team managed the preservation, collection, processing, review, and production of more than 400 employee smartphones, computers, network locations, and email sources. We negotiated with the DOJ regarding the scope of collection from smartphones, conducted interviews of all custodians, managed collection vendors, and developed preservation strategy and review methodology. Our review methodology unified various smartphone artifacts into a singular file per custodian, which maximized review speed of typically difficult-to-review text message data.
Developed a strategy for a class action with potential exposure in the hundreds of millions to convert previously useless voluminous data sets (that had been disregarded by former counsel) into analyzable information. Then, through complex analysis of the datasets, we were able to identify putative class members who employed subcontractors, leading to a successful motion in limine that reduced class size almost by half and reduced exposure by more than 50%. We also designed a methodology for analyzing driver-data involving irregular and voluminous hours/mileage data to establish that the actual rate and extent of overtime violations was significantly less than alleged. This creative and practical solution directly contributed to a favorable settlement after the analysis provided plaintiffs with evidence of fewer violations.
Represented a confidential client in a grand jury matter subject to secrecy rules that included rapid collection, review, and analysis of significant volumes of information in connection with a grand jury investigation.
Developed an internal reporting mechanism, data classification, vendor management, internal and external policies, and training for compliance with US Data Privacy Law and voluntary compliance with the US-EU and US-Swiss Privacy Shield Framework to enable data transfers in compliance with the Global Data Privacy Regulation (GDPR).
Assisted an international retailer in the implementation of a customer loyalty, social interaction, and purchasing program that complied with GDPR and US state-specific privacy laws.
Updated and enhanced a pre-existing record retention schedule and policy, covering applicable retention requirements for a global pharmaceutical and medical products company to account for applicable global retention and storage requirements.
Performed a complex analysis and data visualization relating to timekeeping and payroll records and practices for a client in the professional services industry. The matter involved evaluating potential exposure pre-lawsuit filing, enabling the client to have insight into their data that they did not realize was possible. Our vision into the data and the related legal issues enabled us to work with the client to develop a cost-effective strategy for the client to leverage, which enabled resolution of the matter outside of litigation, ultimately avoiding millions of dollars in potential exposure.

Related Trends

COVID-19 Litigation Toolkit