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E-discovery

Practice Overview

Buckley Sandler’s results-focused approach to e-discovery employs a strategic combination of people and technology to meet our clients’ needs with the highest standards of diligence and care.

We call our solution FORTÉ: an end-to-end, comprehensive e‑discovery service built upon the experienced leadership of Buckley Sandler attorneys, state-of-the-art technology, metrics-based document review and, of course, absolute mastery of the e‑discovery process. FORTÉ provides a predictable, better e-discovery solution that is efficient, accurate, and cost-effective.

Buckley Sandler’s unparalleled knowledge of the nation’s most active regulatory and compliance agencies sets us apart from other e-discovery options. From our daily dealings with the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the New York Department of Financial Services (NYDFS), the Securities and Exchange Commission (SEC), and numerous state attorneys general, we know what to expect. We rely upon this regulatory experience to react quickly and accurately.

We are on the front lines of the industry’s strict data management requirements. We know the IT security protocols our clients must follow and have implemented them ourselves, so there is no learning curve or infrastructure reorganization needed when working with our FORTÉ team. We use technology-assisted review (TAR) and predictive coding to make the most of human resources dedicated to the e-discovery process.

Some representative projects include:

  • Handling the first case in which the NYDFS allowed the use of predictive coding in response to a department subpoena, with a document collection exceeding five million emails
     
  • Saving our client, a national mortgage servicer, over $200,000 in legal fees and production costs by negotiating with the New York Attorney General’s Office to narrow the types of documents considered to be part of a servicing file for purposes of the investigation, and to accept a sampling of servicing files instead of the thousands originally requested
     
  • Negotiating on behalf of our client, a major insurance company, with the NYDFS to reduce the volume of potentially relevant custodian data by almost 800,000 emails, saving the client hundreds of thousands of dollars
     
  • Negotiating on behalf of our client, a major insurance company, with the NYDFS to reduce the volume of potentially relevant custodian data by almost 800,000 emails, saving the client hundreds of thousands of dollars
     
  • Reviewing and producing tens of thousands of foreign language documents requiring a team of foreign language attorneys and translators in a civil litigation and related state agency investigation
     
  • Conducting an internal investigation for a bank using advanced analytics and predictive coding, successfully reducing the scope of the review to 1% of more than two million foreign-language emails
     
  • Achieving significant cost savings for a major university by using analytical tools to complete reviews in a series of investigatory matters
     
  • Drafting and assisting with implementation of a comprehensive set of information governance policies, allowing the client to significantly reduce the data it must maintain

Articles

Our E-discovery Team