LitSavant Ltd - Thinking outside the box ...
Along the South Bank, London, UK

Litigation Readiness

LitSavant provide strategic and pragmatic advice to in house counsel and companies. Our advice can be split into two main categories - planning for dispute resolution (so-called litigation readiness) and assisting in the context of an actual dispute.

In terms of litigation readiness, our services include:

  • assisting in the design and implementation of litigation readiness procedures (document retention policies, backup tape management, document and records management)
  • selecting and implementing technology suitable for litigation hold
  • selecting and implementing technology solutions for Early Case Assessment (ECA)
  • implementing some or all of the edisclosure processes in-house (advising on the feasibility, implications, staffing and costs)
  • staff training on some or all of the above

In the context of an actual piece of litigation, we can advise on:

  • formulating defensible strategies for data collection, so as to minimise the amount of data that needs to be collected for any given investigation and the business disruption and cost in collecting it
  • the initial identification, preservation and collection of documents for disclosure (whether for disclosure, responding to a regulator's request or a court order)
  • identifying strategies to predict and contain the costs of legal review
  • the identification of third parties to provide EDD and other litigation support services
Discovery
The process of providing documents to an opposing party in US litigation.
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Discovery

The process of providing documents to an opposing party in US litigation.  Unlike the UK, the US process is driven by "pull" i.e. a party needs to specify the documents they want each opposing party to produce.

Acceptable conduct
The standard of acceptable conduct is determined through experience ...
US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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Acceptable conduct

The standard of acceptable conduct is determined through experience. In the discovery context, the standards have been set by years of judicial decisions analyzing allegations of misconduct and reaching a determination as to what a party must do to meet its obligation to participate meaningfully and fairly in the discovery phase of a judicial proceeding. A failure to conform to this standard is negligent even if it results from a pure heart and an empty head.

US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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