Dale Cendali
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-326-2051
Fax: +1-212-326-2061
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David Herron
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-6230
Fax: +1-213-430-6407
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Amy Longo
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-8351
Fax: +1-213-430-6407
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Jeffrey Fowler
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-6404
Fax: +1-213-430-6407
LAWYERS
- Related Practices
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Advanced Marketing Services
Advanced Micro Devices, Inc.
Alaska Airlines, Inc.
Deutsche Bank AG
HCA, Inc.
Honeywell International, Inc.
New York Public Library
Pacific Sunwear of California, Inc.
Pegasus Aviation Finance Company
Protiviti
Quiksilver, Inc.
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Sony Pictures Entertainment, Inc.
UBS AG
University of California
University of Michigan
WellPoint Health Networks
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Electronic Discovery and Document Retention
Business today is practically paperless. Approximately sixty billion email messages are sent each day. Corporate email systems account for sixty percent of business information, which is up from thirty-three percent in 1999. And companies continue to adopt new and useful modes of electronic collaboration, communication, and recordkeeping. Now there are instant and text messaging systems, server-based voicemail, online storage of sensitive files such as health records, insurance claims, and financial databases. Businesses even store intellectual property electronically, including digital copies of soon-to-be released record albums and motion pictures.
Given these technological developments, it is no surprise that the cost associated with collecting, reviewing and producing electronic evidence is the number one litigation-related burden for general counsel at companies with annual revenues exceeding $100 million, according to one survey. Even in the absence of litigation, companies face potentially crippling — and sometimes conflicting — electronic records retention requirements under a myriad of statutes and regulations.
O’Melveny & Myers’ electronic discovery and document retention lawyers are uniquely equipped to advise our clients on these issues. This is because we cut our teeth on some of the first and most important litigation matters addressing electronic discovery. We are well-recognized thought leaders and speakers, but we are also experienced practitioners with reasonable, cost-effective solutions. Long before the new amendments to the Federal Rules of Civil Procedure were adopted, our electronic discovery and document retention lawyers were working hand-in-hand with the Adversarial Department’s other practice groups to provide seamless electronic discovery advice on the firm’s largest litigation matters. We also provide strategic counseling in the pre-litigation context, and routinely work with in-house counsel, information technology and records management personnel to formulate sensible document retention and preservation plans tailored to an organization’s specific needs.
We have an unrivaled level of experience on all critical issues in electronic discovery. We have negotiated case management plans that serve as models in other cases, and we have lessened the burden of costly discovery requests through unique response strategies. We are well-versed in cost recovery, attorney-client privilege protection, and engaging forensic experts. We are also experienced with the most advanced collection and search methods, and have supervised document reviews on the most massive scale. In short, we are true practitioners of the law of electronic discovery and document retention.
Key Facts
- Unlike most firms, we have a dedicated Electronic Discovery and Document Retention practice, comprised of more than 35 experienced lawyers in California, New York, and Washington, D.C. From drafting and implementing a document retention plan to identifying the duty to preserve in a multitude of circumstances, to knowing how to use discovery offensively, to managing massive document reviews using temporary attorneys, we have the depth of experience to provide our clients with cost-effective and strategic advice in this rapidly changing field.
- Our lawyers work hand-in-hand with other practice groups on the firm’s largest litigation matters.
- Our lawyers also counsel our clients in the pre-litigation context, working with in-house lawyers, information technology, and records management personnel to design effective document retention and destruction practices.
- Our lawyers serve on advisory committees, boards, and academic working groups addressing electronic discovery issues, including those impaneled by the International Institute for Conflict Prevention & Resolution E-Discovery Committee, and the ABA Section of Litigation’s Task Force on Electronic Discovery. We are also faculty and panelists at national conferences and seminars sponsored by the Practising Law Institute, the Bureau of National Affairs, the American Law Institute/American Bar Association, the Continuing Education of the Bar, American Lawyer Media, Strafford Teleconferences, the National Constitution Conference, and the Corporate E-Discovery Forum.
- Articles by our lawyers, addressing the latest issues in e-discovery and document retention, have been featured by the Bureau of National Affairs, E-Discovery Advisor Magazine, and The E-Discovery Special Report.
Practice Strengths
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Wellpoint, Inc.
Advanced Micro Devices, Inc.
International Game Technology
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