dcsimg Discovery Counsel Services

Discovery Counsel Services

McGuireWoods’ team of experienced  discovery lawyers has been dedicated to handling sophisticated discovery issues — particularly, electronic discovery —  long before ESI became a buzz word.  Our lawyers have years of experience serving as Discovery Counsel for large organizations, including Fortune 20, Fortune 50 and Fortune Global 500 financial institutions, large healthcare facilities, and companies in other industries such as manufacturing and technology. Our practice leverages this experience to provide realistic, practical answers to real-world discovery problems that are inherent in large litigation and government investigations. The team focuses on assessing each case and developing a reasonable and defensible ESI plan.

Our Discovery Counsel Services practice offers both human and technological resources to maximize quality and cost-effectiveness in all discovery-related activities, from start to finish: assessing and advising on the scope of the collection, implementing advanced culling techniques, executing search-term validation, using highly advanced technology for accelerating or automating the review, and producing documents. Our team’s experience covers everything from responding to government subpoenas and investigations involving various agencies (such as the SEC, the OCC and the DOJ) to handling all aspects of discovery in complex litigation, including financial services and securities litigation, class actions, employment, patent and commercial litigation. We are frequently called upon in large matters to manage the discovery, and work with other firms or other McGuireWoods teams, either or both of which may be handling the merits.  Discovery Counsel Services includes a large team of lawyers — including partners, counsel and staff attorneys — who devote their practices exclusively to discovery. As Discovery Counsel, we help prevent litigation from becoming about discovery rather than the merits of the case. Because we align our services with unique client legal and business objectives, we focus on keeping discovery costs reasonable and case-proportionate.

We offer significant depth in all aspects of discovery counseling, and we provide services from ad hoc e-discovery advice to serving as full-scale National Discovery Counsel, a role in which we provide companywide advice on discovery issues. We also serve as record Discovery Counsel in pending litigation and government investigations, handling all aspects of preservation, collection, review and production.

National Discovery Counsel

McGuireWoods serves as National Discovery Counsel (NDC) and provides discovery counseling services to some of the world’s largest companies, including a Fortune 50 and a Fortune Global 500 financial institution. 

As NDC, McGuireWoods helps its clients:

  • Streamline preservation and collection practices and develop discovery forms and guidelines;
  • Engage the right vendors under the best pricing arrangements to cull and host data;
  • Train in-house client lawyers on-site to handle e-discovery cost-effectively;
  • Serve as Discovery Counsel in large cases, and work with separate merits firms to ensure that a reasonable ESI plan is implemented; and
  • Manage document reviews in a cost-effective and accurate manner, minimizing costs through effective use of vendor selection and technology

Ultimately the goal is to avoid expensive discovery fights in court. The courts have stressed the need for cooperation between the parties and transparency in the discovery process. Effective negotiation, however, requires lawyers who really understand electronically stored information (ESI) and have extensive experience with large data collection and the use of e-discovery technology. It also requires a transparent and open style. Early negotiation of e-discovery issues can resolve many issues before they develop into disputes, and a transparent cooperative approach is more likely to gain support by the court. Winning discovery disputes depends upon accurately assessing court expectations and then making a written record of attempts to meet those expectations and obligations under the rules.

E-Discovery Capabilities

McGuireWoods’ most valuable assets are its experienced lawyers, who have had years of experience working solely in discovery, and primarily the electronic discovery. This practical experience is invaluable in large cases, where creative, innovative ESI plans are needed to avoid skyrocketing discovery costs.

We maintain two off-site e-discovery facilities, one in Charlotte, N.C., and one in Richmond, Va., which can house up to 200 reviewers at a time. Our e-discovery team leverages depth of process and technology experience to maximize accuracy and efficiency. Our review process is proprietary, using state-of-the art technology.

We use technology for analyzing and culling the data pre-review to minimize the number of documents that have to be reviewed by attorneys. Through the use of sophisticated analytics technology and negotiations with the opposing side to cull the custodian list and limit the data to a reasonable time frame, we find that even in very large cases, we can reduce the data set to a manageable level. McGuireWoods continuously evaluates new technology to determine whether we can obtain further cost savings and accuracy.

We also realize optimal benefits through efficiency in communication, case management systems, real-time online meetings and videoconferencing. Through knowledge management initiatives, such as our extranet service McGuireWoods Connect, we share information and documents quickly and securely, regardless of geography.

ESI plans are customized for each case and depend upon the nature, volume and types of electronic information, as well as on required parameters for confidentiality, security and addressing unique issues. McGuireWoods’ clients benefit from our team of sophisticated discovery lawyers who combine their knowledge of the latest e-discovery technology with their litigation and electronic discovery experience to create a cost-effective, defensible plan. The lawyers on the DCS team are also highly experienced at handling all aspects of discovery in large commercial litigation, including drafting protective orders, defending 30b6 depositions on discovery issues, drafting responses to discovery requests and defending and filing motions to compel.

Document Retention Policies

Because McGuireWoods represents a significant number of large companies, the firm is often asked to help develop and update document retention programs. We assist clients in creating formalized records-retention processes designed to ensure consistent protocol application and companywide compliance with applicable state and national laws and regulatory guidelines. To ensure that our recommendations actually work in the real world, we work closely with records managers, technology providers and training personnel. We also audit policy compliance after implementation and assist with application of new policies to historical data. 

CONTACTS

Jill Crawley Griset Partner T: +1 704 343 2193
Anne Bentley McCray Partner T: +1 804 775 1037
Results 1-10 of 10

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Fortune 100 financial institution

Served as record Discovery Counsel in multiple large patent litigation matters where other firms were handling the merits work. Managed all of the discovery in the case, including management of the collection, review and production of millions of documents and the privilege log.
Representative Matter

Fortune 100 financial institution

Served as record Discovery Counsel representing large financial institution in large multi-district litigation class action involving check overdraft fees. Handled all of the discovery negotiations with the Plaintiffs' committee and the ESI plan and negotiated reasonable limits to the discovery and managed the collection, review and production of documents and the privilege log.
Representative Matter

World-class university academic and healthcare system in North Carolina

Counseled a world-class university academic and healthcare system in North Carolina on policies and practices related to electronically stored information and discovery and managing and negotiating discovery in a high profile matter.
Representative Matter

Multinational industrial conglomerate

Represented a multinational industrial conglomerate in certain significant securities litigation matters. In the aftermath of negative publicity involving the alleged conduct of the company's former chief executive officer, a number of shareholders initiated actions under federal and state securities laws.
Representative Matter

Fortune 100 financial services company

Serving as National Discovery Counsel for a Fortune 100 financial institution. Counseling the client on Discovery and ESI policies and practices and serving as record Discovery Counsel in high profile matters.
Representative Matter

World’s largest pork producer and processor

Representation of a large global food company in multiple environmental cases. McGuireWoods is performing all discovery counsel services from collecting the documents to reviewing and producing the documents in all the related litigation matters.
Representative Matter

Prominent manufacturer of polyurethane foam products

Representation of a prominent manufacturer of polyurethane foam products, in litigation that consolidates numerous direct and indirect class actions and currently eleven direct "opt-out" actions, each alleging price-fixing and customer allocation by foam manufacturers in North America. McGuireWoods is performing all discovery counsel services from collecting the documents to reviewing and producing the documents in all the related litigation matters. McGuireWoods also counseled the client on document retention policy.
Representative Matter

Large chemical company

Representation of a large chemical manufacturing company in antitrust litigation. McGuireWoods performed all discovery counsel services from worldwide collection of documents to reviewing and producing the documents.
Representative Matter

Large technology company

Representation of a large technology company in DOJ and SEC investigations. Served as discovery counsel in related multi-district litigation. Performed all discovery services including worldwide collection, review and production of millions of pages of documents. Counseled client on document retention policy.
Representative Matter

Large title insurance company

Representation of a large title insurance company in bankruptcy cases. McGuireWoods performed all discovery counsel services from collecting the documents to reviewing and producing the documents.
Results 1-10 of 10
David Addison David D. Addison Jr.
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1971
F: +1 804 775 1061
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Sarah H Barcellona Sarah H. Barcellona
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2036
F: +1 704 444 8830
vCard
Kristen M Calleja Kristen M. Calleja
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1374
F: +1 804 698 2264
vCard
Laura Yates Campoli Laura Yates Campoli
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2255
F: +1 704 805 5057
vCard
Natalie C Carter Natalie C. Carter
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2270
F: +1 704 295 0768
vCard
Wendy Degerman Wendy B. Degerman
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8924
F: +1 704 373 8827
vCard
Elizabeth Edwards Elizabeth F. Edwards
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4390
F: +1 804 698 2045
vCard
Jill Crawley Griset Jill Crawley Griset
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2193
F: +1 704 444 8734
vCard
Brian E Hanna Brian E. Hanna
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4323
F: +1 804 698 2260
vCard
Sarah G Hawkins Sarah G. Hawkins
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2114
F: +1 704 343 2300
vCard
Johan Hernandez Johan A. Hernandez
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2152
F: +1 704 343 2300
vCard
Jeremiah A Jenkins Jeremiah A. Jenkins
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2258
F: +1 704 444 8724
vCard
Bethany Gayle Lukitsch Bethany Gayle Lukitsch
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4711
F: +1 804 698 2261
vCard
Anne Bentley McCray
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1037
F: +1 804 698 2087
vCard
Chelli D Robinson Chelli D. Robinson
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2256
F: +1 704 373 8935
vCard
John J Secosky John J. Secosky
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1970
F: +1 804 698 2239
vCard
Giles M Smith Giles M. Smith
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1987
F: +1 804 775 1061
vCard
Martha L Steele Martha L. Steele
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4332
F: +1 804 698 2033
vCard
Cristin K Traylor Cristin K. Traylor
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4354
F: +1 804 698 2216
vCard
Kimberly J Williams Kimberly J. Williams
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2254
F: +1 704 444 8867
vCard
Results 1-4 of 4
Speaking Engagement

UNC Charlotte: eDiscovery Meet and Confer

January 18, 2012
Speaking Engagement

2nd Annual eDiscovery Canada

The Looming Dangers of eDiscovery

March 28-30, 2011
Results 1-4 of 4
Results 1-14 of 14
Article

Predictive Coding

Silver Bullet or Pandora's Box?

The Review of Securities & Commodities Regulation
February 6, 2013
Legal Alert

E-Discovery Newsletter (February 2008)

February 19, 2008
Legal Alert

E-Discovery Newsletter (January 2008)

January 29, 2008
Results 1-14 of 14