ESI Strategy Planning - ILS
Proactive Partnerships Produce Positive Outcomes
Litigation Planning is another hallmark that distinguishes ILS from other providers. Owing to our exclusively Plaintiff practice, ILS’ experts will help you understand the defendants’ digital architecture – where they store their documents, how they access it, what exceptions to their protocols are allowed and by whom. We understand the many ways ESI protocols can be designed to prevent Plaintiffs from finding the key documents. As Judge Peck famously advised, “bring your geek to court.” We are the geeks you need to help you plan for an effective discovery process. We are Plaintiff’s Discovery Experts. We’ll sit with you during your meet & confers, assist you during your 30(b)(6) depositions, provide testimony to support your
motions and provide you with the arguments that will win your discovery battles.
Litigation planning MUST cover TAR protocols. While the technology is very effective, and ILS has been at the forefront of its use in cases from DiSilva Moore and Actos on down the line, TAR can be applied to avoid categories of documents that Plaintiffs are entitled to receive. They often reflect the defense-oriented biases of the machine programmers bring to the system. When performed in a balanced manner, with Plaintiff participation, TAR can uncover the smoking guns and highly probative evidence that you’re after. ILS will help you get there.
Expert consultation is a hallmark that distinguishes ILS from other providers. We are passionate and ‘likeminded’ in our commitment to uncovering the truth. We understand that defense has enormous resources, in terms of both money and personnel. Many of ILS’ experts came from the defense side and are intimately aware of the methods defendants employ to reduce the substance and quality of the evidence
and impose delay throughout the discovery process. Our consultants will help you counter their arguments, and regardless the resource imbalance, we will help level the playing field and assure that you receive what
you’re entitled to in order to prove your case. Our experts cover many subject areas, from pure discovery and strategic decision making to forensic specialization, linguistic analysis, data sciences and statistical analysis, as well as medical device / pharmaceutical sciences, electronic health record systems and the
ability to engage with your team to help you understand how to ask for what you want.
Our experts will provide reports to counsel on their investigative findings. They work under the direction and control of counsel and can function as investigatory and / or testifying experts. We understand the importance of clarity in counsel’s request as to the format of any reporting and are careful to only reduce to writing reports specifically requested by counsel. Expert Reporting can take the forms that include: findings of fact, affidavits, declarations, or live testimony in deposition or at trial. Importantly, our Forensic Experts
are skilled at communicating to a jury or in deposition to enable a lay person’s understanding of the technologic - scientific based testimony.
ILS provides in-depth start to finish planning and strategy support to help you position your matter. We help
✔ ESI identification strategies
✔ ESI protocol stipulation
✔ Preservation letter creation
✔ Damage Model development
✔ Support defining & negotiating formats
✔ Requests for production preparation support
✔ Relevance identification search protocols
✔ Gap analysis to spot production deficiencies
✔ Cost shifting strategies
✔ Additional areas of support:
✔ Spot and negotiate ESI discovery issues with opposing counsel and the court
✔ Preparation and timing for PMK depositions
✔ Written discovery demands and responses
✔ Deposition and witness preparation
✔ Discovery-related law and motion practice
✔ Foreign language translation and analysis
When attorneys are in need of eConsulting and strategic planning, our Plaintiff focused electronic discovery firm is composed of like-minded thinkers who provide creative solutions to overcome challenges invoked by a defense team. The law is on your side, but only if you draft your discovery requests using proven ESI
protocols against the often overwhelming power of the white shoe defense firms. Contact us today for a free consultation and to learn more about the full range of services we offer.