future-focused

Practices

The last thing a litigation client wants is to be surprised. That is why we’ve become pros at leveraging technology and building relationships with trusted providers along the way. It means we can prepare our clients for anything that will come up before they go to trial. We dislike surprises as much as you do.

Overview

eDiscovery has the potential to astronomically increase litigation costs – and can result in sanctions, adverse inferences for failing to preserve evidence, or even an outright dismissal of claims. For small companies, it can cost their livelihood. For major energy and Fortune 500 companies, the costs of massive dockets may run into multi-millions of dollars. With your business goals always in mind, our eDiscovery lawyers find ways to preserve the integrity of your data in the most cost-effective manner, and to your questions about collecting, using, or producing documents, we answer: “We’ve already thought about that.”

Starting litigation on the right foot is critical. Our early advice to you centers around what to retain and what to collect. We begin with building a data map and conducting custodian interviews, in anticipation of negotiating an electronically stored information (ESI) protocol with opposing counsel. With your data sorted, parsed, and analyzed in a strategic, yet practical way, we make it easy to respond to motions and handle tense situations, such as a motion to compel. We perform due diligence and handle every aspect of your forensic needs so that we are trying the case on its merits, protected against claims that hinge on attacking the quality of your data.

Established relationships with the legal tech vendors

Legal vendor rates for processing and storing data can often be tricky – and we know this, which is why we’ve already negotiated the rates and established preferred relationships with several providers, so that you have a clear picture of how much your data will cost you. From smaller vendors to the biggest names in the industry, we’ve worked with most providers and multiple platforms, and help our clients scale in the most efficient way. Because we speak the complex language of tech and eDiscovery, we can also work with your existing vendors and in-house technologies.

For smaller and midsized companies, your livelihood may be at stake because of the sheer costs of data retention ,production, and storage. Our understanding of the requirements under the law and our analysis of your digital infrastructure, allows us to anticipate the arguments we can present to ensure that the eDiscovery in your case is proportional to your size of the dispute

Technology is evolving, and so are we

Because technology evolves faster than law, one of our best practices is that we are continuously learning. We regularly work with clients’ IT departments and stay on top of what’s happening in the tech world; this helps us share the information with our clients’ teams. We leverage artificial intelligence to conduct technology-assisted reviews (TARs), relying on the software to see the big picture and tease out the trends. This reduces the manual work and thus the cost to the client, and it allows us to produce highly accurate results.

Liskow lawyers routinely work with various platforms and know how to use them to look at data – in one case, we spotted a gap in the timeline produced by the program and immediately knew that the other side was withholding documents.

Litigation is stressful; we work hard to ensure that your eDiscovery is not an additional source of anxiety. Regardless of whether the law has caught up with understanding the new technology, we are prepared to meet our client’s eDiscovery obligations, explain the data in a transparent way, and keep the focus on protecting our client’s interests. We hold ourselves – and the data we work with – to the highest of standards.

We are known for these strengths

  • We help our clients evaluate their standard business practices and IT infrastructure - and we make recommendations so that they are always prepared.
  • When it comes to the use of electronically stored information, Liskow’s eDiscovery team has years of practical experience in assisting clients with the many challenges that arise both prior to and during litigation.
  • When used properly, the steps of identifying, collecting, and producing ESI can result in not only drastic cost savings for clients but also better results.
  • We leverage AI and other technology to help our clients cut through the noise and find and produce the data that helps them comply with requests from regulators or government environmental agencies.
  • We help you understand the data you have so that you can anticipate what’s ahead, decide which data to produce and when to make a good faith objection.

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