eDiscovery Business Litigation

The costs and risks associated with Electronic Discovery have increased exponentially over the last decade. Litigation and internal and governmental investigations are a regular challenge for business today. The ability to preserve, collect, analyze and organize data quickly is often the key to overcoming judicial scrutiny and costly litigation. In addition, changes in electronic discovery legal standards and the emergence of new information and privacy laws further complicate the document retention and production process.

Gunster is dedicated to overcoming the obstacles associated with handling complex and large-scale discovery. Our eDiscovery attorneys have participated in cases involving multiple terabytes of data, to claims involving only a few hundred documents. The firm guides clients through every phase of the eDiscovery process, including:

  • The development of best practices, litigation hold directives and measures that mitigate spoliation and sanctions
  • Review of a company’s discovery management workflow, litigation hold and data retention polices to assess compliance with current legal standards
  • Analyze key decisional case law
  • Provide guidance on various forms of social media and its expanded use in the workplace
  • Limit the scope of eDiscovery demands as well as cost-shifting strategies
  • Implement discovery protocols that identify, preserve, collect and cull potentially relevant ESI
  • Analyze off-site document review initiatives
  • Prepare for and defend depositions of IT and management personnel
  • Coordinate consultants and expert witnesses to analyze electronic information
  • Manage outside vendors, when required, to process large volumes of electronic data in a timely and cost-effective manner

Our eDiscovery attorneys also negotiate the production of large quantities of complicated or arduous data with the Department of Justice, the Securities Exchange Commission, the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, among other agencies.

Gunster seeks to deliver the practical advice needed to implement eDiscovery initiatives in the most economical way possible. Our team strives to select the appropriate litigation technology based on the needs, volume and budget of each individual case. With a critical eye on our client’s bottom line, our attorneys work to position electronic data as an advantage, rather than a liability. eDiscovery innately brings with it the high risk of inefficiency and legal noncompliance. Our litigators focus on bringing to the table both tested and proven discovery management workflows that have the potential to mitigate regulatory and litigation risk, streamline the discovery process and minimize associated costs.

Our clients demand flexibility and creative solutions when it comes to ESI. Gunster is committed to designing economically appropriate solutions for all levels of claims. Our litigators endeavor to utilize situational appropriate, best in class litigation technology that can maximize the benefits of each application. From targeted collection and collaborative ECA and data reduction, to the use of advanced content analytics and predictive coding, Gunster’s objective is to diminish the eDiscovery cost burden.

Our attorneys and litigation support professionals monitor developments in new litigation support. Our litigators and support staff recommend vendors and software that have proven both effective and efficient in the past. In addition, our firm can, even on very short notice, bring together diverse resources and assemble a team of litigators, in-house eDiscovery experts, IT professionals, eDiscovery vendors, outside consultants and client personnel to develop a process map to identify, plan, capture, organize and execute the preservation, collection and review of large amounts of data in a short period of time.


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