Electronic Discovery & Document Retention
In an age where litigation requires a firm grasp on technology, O’Melveny cultivates litigators dedicated to resolving novel, unchartered e-discovery issues.
In an age where litigation requires a firm grasp on technology, O’Melveny cultivates litigators dedicated to resolving novel, unchartered e-discovery issues.
O’Melveny’s eDiscovery practitioners understand that analyzing and producing terabytes of data to an adversary is more than a technological exercise. How a company fulfills its obligation to search its data can often make or break a case—and reputations. Our e-discovery lawyers have spent their careers not just devising first-in-class solutions, but also serving as full-time litigation allies, using our experience as strategists and advocates to keep discovery from exposing a client to unnecessary risk in the courtroom and beyond.
O’Melveny is more than an e-discovery pioneer. Our eDiscovery & Document Retention practice is one of the few full-fledged e-discovery groups in the country, and it is helmed by seasoned litigators who have devoted their careers to guiding clients in virtually every industry through the complexities of discovery in some of the most cutting-edge, highest-profile litigation matters the firm handles. We have served as coordinating discovery counsel in multifront mass torts and government investigations, communicating a consistent message across a portfolio of litigation matters and coordinating discovery strategy from one case to the next. We have parachuted into disputes to help clients avoid an unfavorable outcome, litigating issues of first impression and spoliation motions on both sides. And as an early adopter of technology-assisted review, we have employed machine learning and other artificial intelligence tools thousands of times to streamline discovery and save clients money.
Unlike some others in the e-discovery field, our group is not composed of lawyers from disparate practices moonlighting on e-discovery matters. We are an e-discovery-focused litigators, which allows us to recruit, train, and retain dedicated O’Melveny e-discovery litigators capable of managing engagements of every size and scope. Our lawyers work hand-in-hand with a team of 35 staff attorneys and a dozen technical specialists—all of them full-time O’Melveny employees—whose sole function is to design, manage, and supervise document review projects. Our team is well-versed in discovery technology, attorney-client privilege protection, and the right circumstances for engaging forensic experts. We also know the most advanced collection and search methods, and how to supervise document reviews on a massive scale.
With our clients’ goals always at the forefront, we help implement legally sound, individualized, and cost-effective strategies for managing the real-world risks of intrusive document requests—ensuring that the data driving your business does not drive your adversary’s case.
Serving as coordinating discovery counsel for one of the nation’s largest managed care organizations, which involves handling discovery across a variety of large and small matters in various jurisdictions throughout the country, including qui tam actions, HSR Second Requests, and investigations arising from the Medicare Advantage program.
Faced with a case-threatening evidence spoliation motion on the eve of trial, we were engaged to step in and defeat the motion.
One of the first to use technology assisted review to assist in the response to the Federal Trade Commission’s HSR Second Request and related European Commission obligations in one of the largest technology mergers in history.
For over a decade we have been the go-to law firm for a multinational manufacturer and marketer of branded consumer food products, defending the client in a series of consumer class actions challenging the labeling and advertising of certain health and nutrition claims.
When an adversary destroyed data central to our client’s defense of a multimillion-dollar dispute, we were hired to help move for evidence spoilation and secure an adverse inference instruction that led to success at trial.
After prior counsel inadvertently produced thousands of its own files and faced a motion to waive privilege, we stepped in to defeat the motion and take over discovery.
Helped global airline design litigation readiness, document retention, and disposition programs.
As coordinating counsel for a global technology company in a worldwide monopolization lawsuit that involved dozens of computer manufacturers, distributors, and retailers, we navigated a panoply of cutting-edge e-discovery issues—including numerous party-negotiated stipulations and protocols that serve as models in similar cases.
“Compared with 99.9% of all the other lawyers that we’ve consulted with, [eDiscovery chair] Jeff [Fowler] and his team really provided us with value.”
—Client Testimonial, Chambers USA
O’Melveny “acts as national coordinating e-discovery counsel for a number of impressive clients.”
—The Legal 500 US
“Discovery counsel that can see across our entire book of litigation and be able to provide sensible legal counsel that gets us to success.”
—Client Testimonial, Chambers USA