Responding to Discovery: Evidence Production
Evidence Production Key to defensibility and good faith in any litigation or investigation is the ability to deliver electronically stored information (ESI) in an agreed-upon format that is reviewable by the requesting parties – on time and with accuracy. The standards and requirements for ESI production will depend on the file formats and delivery locations required by the recipients – whether outside counsel or a governmental agency. Legal teams need a process that enables them to keep track of what ESI went to which recipients and when. Fios has more than a decade of experience guiding clients through the evidence production process.
Benefits of Fios’ Evidence Production Services
Fios provides a complete range of evidence production services, including exporting to TIFFs, publishing to Fios Prevail®, production of native files and output to hard copy. We provide load files that can be uploaded into all third-party review and case management applications. Everything is tracked with Bates numbers or other separate tracking numbers, as specified by the client, to maintain authenticity and ensure metadata remains secure. Strict quality controls ensure that only relevant evidence is produced to the requesting party, thus protecting privileged ESI and ultimately saving costs and reducing risks.
With Fios’ Evidence Production Services, clients receive fast, clean and accurate production in a range of formats. These services are guided by Fios’ production managers, who possess a deep understanding of data and technical requirements. Fios’ Evidence Production Services offer:
Choice of ESI production formats, with the ability to export to TIFFs, publish to Fios Prevail®, produce native files or output to paper
Increased workflow optimization through seamless integration with commonly used litigation management software
Strict quality control protocols designed to resolve errors in opening or producing any problematic files
Complete documentation, delivered in native form, detailing efforts to accurately produce ESI, including open failures and TIFF image file processing and creation processes
Case Study: Defensibly Processing Complex ESI in Class Actions
A global pharmaceutical company, in the midst of ongoing, class action litigation in both Federal Court and multiple state jurisdictions, was forced to respond to an e-discovery request in one matter involving 1,500 custodians in a four-month timeframe. More than 12 terabytes of electronically stored information (ESI) needed to be collected and reviewed by both the corporation and the supporting law firms.
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Relevant Resources
A global telecommunications provider, represented by Dickinson Wright, was in the midst of intellectual property litigation. Initially, electronic discovery in the case involved 10 custodians, but after the number of custodians unexpectedly tripled and a looming production delivery date, the company’s prospects for success were suddenly in doubt.
A high-profile brokerage was caught shifting hundreds of millions in debt off the books. A consortium of banks was sued for securities fraud. The law firm defending the banks needed a service provider with experience in complex, high-stakes cases and a robust review platform that could accommodate a geographically dispersed team of reviewers.
A major telecommunications company proposes to acquire one of its rivals, prompting a government antitrust review. During the investigation, the government issued a second request for production, and the company’s outside counsel – accustomed to a paper-based review process – suddenly faced a 30-day time frame to sort through 270 gigabytes of data and prepare it for review. With stiff daily fines for missing the deadline, paper review was no longer a viable option.
An AmLaw 200 law firm was representing a global financial institution in a class-action law suit and had 45 days to prepare its client for a hearing in front of the Federal magistrate judge. The client had to preserve, collect and review electronically stored information (ESI) from more than 60 custodians, involving 400+ gigabytes of e-mail plus data stored on servers, back-up tapes and proprietary systems.
An international, for-profit hospital operator, facing a Federal, antitrust lawsuit, had 60 days to prepare for its scheduling conference. This required identifying, preserving and analyzing more than two terabytes of electronic evidence from 80 custodians, with data stored on 100 personal computers, data shares and servers in seven different regional data centers.
ED101 - e-Discovery Fundamentals
This webcast will focus on how applying collaborative e-discovery practices can help litigation teams meet discovery obligations in a defensible and cost-effective manner. Topics of discussion will revolve around: Early case assessment as a means for identifying organizational and case needs; Evidence collection options available for preserving potentially relevant ESI without losing key metadata or chain of custody; Processing and culling strategies for ensuring that the right ESI is loaded and
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