David Stanton Answers Questions on eDiscovery
David L. Stanton
Information Law & Electronic Discovery
Pillsbury's Information Law & Electronic Discovery lawyers are thought leaders in the industry. We have practiced in this sector since its inception and are in the foreground of the development of efficient, systematic and defensible practices in the fields of electronic data management, discovery, investigation, protection and analysis. Our group includes members and contributing editors of the Sedona Conference® on e-discovery, our lawyers are rated in Chambers USA and Chambers Global guides, and they are award-winning authors and lecturers in these fields. We also work in close collaboration with related firm practices, including the Privacy, Data Security & Information Use and Global Sourcing groups, to achieve the best results for your company.
PEARL™—Pillsbury's E-Discovery Alliance of Resource Leaders
When your company is embroiled in a litigation where e-discovery is crucial, we can help you tackle your discovery needs in a cost-effective manner. With PEARL™, we have assembled under the Pillsbury umbrella a unique, strategic alliance of leading e-discovery vendors, consultants, technicians, translators, processors and first-tier review firms with the resources needed to efficiently complete any e-discovery project, in any language, anywhere in the world. PEARL replaces the typical ad hoc approach to electronic discovery with a reliable, single-source solution that reduces overall cost (up to 50% off traditional e-discovery costs) and increases quality.
Pillsbury and its Resource Leaders – including Amer Asia Law LLC, Huron Legal, Integreon Discovery Solutions, Ji2, Kroll Ontrack, Protiviti Inc. and TransPerfect Legal Solutions – are each known for efficiently addressing the common problems encountered across the spectrum of e-discovery activities, from identification and collection through processing, review and production.
Working in concert through standardized processes that draw upon each alliance member’s respective strengths, PEARL is a turnkey, scalable and sustainable solution that brings a new level of defensibility and transparency to the e-discovery process. By using rigorous sampling and reporting techniques, along with continuous process improvement, Pillsbury ensures that the Resource Leaders meet our high standards and comply with industry best practices at all times.
Clients using PEARL will see their electronic discovery costs drop dramatically as compared to conventional solutions. PEARL offers integrated, unit-based pricing at per-gigabyte-reviewed or per-page-reviewed rates for the entire spectrum of electronic discovery tasks, from data collection through processing, managed review, production and legal certification – all collected in monthly billing statements approved and provided to the client by Pillsbury. Our simplified fee structure is a striking improvement over the widely varied invoicing and unlimited hourly rates that companies often confront in the chaotic marketplace for electronic discovery services. For further details, please see PEARL link in the right-hand column.
Pillsbury can prepare you for electronic discovery through our Litigation Readiness services. We advise corporations on how to put their data “house” in order before a dispute. The goal is to mitigate the risks accompanying excessive, un-catalogued and un-secured volumes of data, and enhance the management of important information. Our electronic discovery experience and grounding in technology make us particularly suited to spot the critical issues and work with all of the stakeholders in the information management cycle. We will help you design a repeatable, defensible and scalable process to proactively address litigation imperatives – from data preservation to production to destruction – and the best position for you to understand and contain enterprise risks, to put the information to work to the company's advantage, and to provide flexibility for new technology, business, privacy, security and compliance regimes.
Cloud Computing, Privacy and Data Security
Companies increasingly face global demands for, and challenges to the integrity of, their data and trade secrets. While business practices demand the easy transfer of information across borders, as well as cloud computing, those very activities may run afoul of privacy laws and regulations both within the U.S. and outside its borders. With extensive experience in electronic discovery, privacy, security and data integrity, we advise clients on the many varied and country-specific restrictions on the collection and use of customer, employee and vendor information. Our experience includes negotiating cloud computing contracts as well as solving issues with data transfer and storage.
In conjunction with members of Pillsbury's Chambers-ranked Privacy, Data Security & Information Use group, we advise clients on avoiding and dealing with data breaches, including making administrative and public disclosures. We have deep relationships with leading network security experts, with whom we are able to move decisively – in the crucial early days of the incident – to investigate, address and remediate the most devastating data exposures. We have extensive experience in quickly, efficiently and discreetly conducting such cross-disciplinary, coordinated internal investigations into the causes of security breaches, and interfacing with decision-makers, auditors, contract parties, regulators and law enforcement to make sure that those affected are protected and the best interests of the company are served.
National Electronic Discovery Counsel
In-house legal departments may find that retaining Pillsbury as electronic discovery counsel to advise the company in this area is a wise course. Pillsbury’s electronic discovery professionals can maintain consistency across matters, achieve economies of scale, reduce wasteful repetition, lower transaction costs, provide proactive measures and education, and obtain important strategic advantages. With a systematic – rather than ad hoc – approach to electronic discovery, a company is often better able to achieve defensible results that balance the costs and risks to the organization as a whole.
Computer Forensic Investigations and Litigation
Pillsbury's lawyers have extensive experience in defending against and proving claims of spoliation, the destruction of relevant evidence after the obligation to preserve exists. We routinely litigate and advise on sanctions, inquiries and motions. We have deep relationships with industry leaders in the field of the recovery and forensic analysis of computer and systems data, and can quickly and efficiently integrate them into the trial team and the strategy to obtain the best results for the company.