Carlton Fields’ E-Discovery Team closely monitors the latest legal developments, strategies, and approaches to the myriad discovery issues that abound in the world of electronically stored information (“ESI”), including:
- negotiation and implementation of ESI discovery plans,
- ESI privilege review,
- identifying data that is (or is not) reasonably accessible,
- and choosing a reasonably usable format for production.
Our E-Discovery Team is headed by one of our most experienced commercial litigators, Bob Pass, who participates actively in national forums and opinion-shaping programs in the ESI area. Mr. Pass is a member of The Sedona Conference, a non-profit organization dedicated to developing “best practices” in various areas relating to e-discovery.
Our E-Discovery Team and other firm counsel work with clients prior to and at the onset of litigation to increase the effectiveness and efficiency of the client discovery efforts, ensure compliance with applicable laws and rules on the discovery of ESI, and reduce client exposure.
Firm counsel advise clients on e-discovery strategies and compliance and assist clients in:
- establishing a pre-litigation retention policy that covers both ESI and paper records;
- developing guidelines for preserving ESI and paper records and responding to a litigation hold;
- identifying who in the client’s business has authority to issue litigation hold and who can answer questions;
- ensuring the company is in compliance with its document retention policy;
- ensuring the client’s IT personnel know how to deal with a litigation hold;
- assisting in creating user-friendly data maps of how ESI is kept and destroyed;
- identifying and managing in-house e-discovery resources and outside e-discovery vendors;
- identifying data that is not reasonably accessible, seeking out cost-shifting opportunities, and selecting a usable format of production; and
- when possible, training client staff on ESI preservation matters.
Recent E-Discovery Matters
- Representing a major pharmaceutical company as lead discovery counsel in a multidistrict litigation proceeding regarding an important atypical antipsychotic pharmaceutical. This matter involves more than 6,000 cases, each alleging that the product caused a patient’s diabetes or other disease. This is one of the largest e-discovery cases in the country involving millions of pages of documents.
- Representation of insurer client in successfully obtaining significant discovery sanctions relating to opposing party’s failure to comply with e-discovery obligations in federal court. See Bray & Gillespie Management LLC v. Lexington Ins. Co., 2009 WL 546429 (M.D. Fla. March 4, 2009).
- Representation of major financial client in trial court and on successful appeal in case involving cutting edge e-discovery issues.
- Representation of major health care client in nationwide class action in review of numerous claims data servers, document servers, and hundreds of e-mail mailboxes. Negotiated specific document retention and preservation order in federal court.
- Representation of corporate clients (whether plaintiff or defendant) in numerous cases involving review, analysis, and production of business and personal computer hard drives and negotiation and designation of search terms for relevant data.
Collaborative Approach
Carlton Fields calls upon the firm’s litigation support teams to assist in providing efficient and effective representation for our clients. Carlton Fields litigation support teams also include:
Authorities on the Subject of E-Discovery
Our E-Discovery attorneys are prolific speakers and writers. E-Discovery Team attorneys have been panelists at numerous Martindale-Hubbell Counsel To Counsel Forums including:
- "Increasing Predictability, Mitigating Risks: Next General ESI Management and E-Discovery Approaches" (New York 2008).
- "Tackling E-Discovery: Creating Effective Policies and Processes" (Dallas 2007).
- "Managing Discovery in the Digital Age" (Atlanta 2006).
- "Preservation Through Production – Effective Management of Electronic Discovery" (Chicago 2006).
Firm counsel have also acted as moderators and panelists at other e-discovery seminars and presentations including:
- Robert Pass, "Trends and Developments in Electronic Discovery," via videoconference to the Florida Judges of Compensation Claims (June 4, 2010).
- Robert Pass, "Ten Big Picture, ‘Must Learn’ Lessons in E-Discovery," In-House Counsel Forum, Orlando, Florida (February 26, 2010).
- Robert Pass, "Electronic Discovery," The Florida Bar Government Law Section (September 18, 2009).
- Robert Pass, "Ethical Issues In E-Discovery," American Bar Association Webcast (June 4, 2008).
- Michael Donaldson, "Metadata and its Ethical Implications for the Government Lawyer,” American Bar Association Section of State and Local Government Law, Spring Meeting San Juan, Puerto Rico (2007).
Published articles include:
- Robert Pass and Rebecca N. Shwayri, “The Intersection of Cloud Computing and Electronic Discovery Obligations in Litigation: Preemptive Strategies to Avoid Pitfalls and Dangers,” to be published in August issue of Law 360 (2010).
- Robert Pass and Michael Winston, "Safe Harbor and Sanctions Under Rule 37," E-Discovery, A Special Publication in E-Discovery, American Bar Association Section of Litigation (2007).
- Garth Yearick, "Unique Facets of Internet Evidence Explained," Litigation News, Vol. 33:1 (November 2007).
- Garth Yearick, "ABA Ethics Opinion Allows Litigators More Freedom to Review Adversaries' Metadata,” Litigation News, Vol. 32:3 (March 2007).
- Garth Yearick, "Software and Data Not Covered Under Commercial Liability Policy,” Litigation News, Vol. 29:5, at 1 (July 2004).
- Garth Yearick, "Lawyers Address Destruction of Testifying Experts' Draft Reports,” Litigation News, Vol. 28:1, at 3 (January 2003).
Attorney to Contact for Additional Information
Robert Pass
Email:
Phone: 850.513.3608