ESI Strategy Planning

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.

Technology Overcomes the Resource Imbalance

Whether you know it or not, defense was probably using TAR[1] before you even filed your complaint. 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.

[1] TAR refers to the broad subject of Technology Assisted Review. It has been called Predictive Coding, Continuous Active Learning, TAR 1, TAR 2, TAR 3, CAR or computer assisted learning, machine learning, etc. All these work through the same principle of finding relevance through computer driven algorithms that reflect the human decisions programming the machine learning mechanisms.

Consultation, Subject Matter Expertise, Insightful Reporting

Expert guidance and consultation distinguish 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 defendants methods 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 technological - scientific based testimony.

Strategic Guidance Pre-Complaint to Trial

ILS provides in-depth start to finish planning and strategy support to help you position your matter. We help plan:

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 need Discovery Consulting and Strategic Planning, our Plaintiff focused eDiscovery Consultancy is composed of like-minded thinkers who provide insightful and 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 BigLaw defense firms. Contact us today for a free consultation and to learn more about the full range of services we offer.