Nelson Mullins Encompass serves as enterprise eDiscovery counsel and global discovery and review counsel to Fortune-ranked companies and to companies in heavily regulated industries. Ninety percent of our discovery counsel services are for cases or investigations where clients hire us specifically to handle discovery and review. Our review centers are located in Columbia, SC and Nashville, TN and include 300 seats of combined capacity.
We advocate for our clients before courts and special masters and negotiate with opposing counsel to help right-size the scope of discovery to the true needs of the case. We have experience using advanced analytics and conducting technology-assisted review (TAR), and can help clients assess when that makes sense and when to advocate for proportionality and other limits.
Discovery can be daunting. As discovery counsel, we help clients develop defensible information governance practices upfront to improve their state of readiness. We also help them develop offensive discovery strategies. We bring consistency, repeatability, and predictability to clients who unbundle their litigation workflow and engage us as discovery counsel.
As discovery counsel, we handle a variety of enterprise and case-specific eDiscovery issues. Key areas within our practice include:
- Advocacy to right-size the scope of review to the true needs of the matter
- Cost reduction and RFP projects for clients seeking to establish preferred electronic discovery vendor relationships
- Data collection counsel and oversight, including efficient and defensible remote, desk-side and network-level collection procedures, and global ESI collection procedures pursuant to international privacy laws
- Guidance on acquisition, implementation, and defensibility testing of enterprise-wide search and retrieval tools
- Privilege log preparation and defense
- Scaled enterprise data mapping strategies to prepare for meet-and-confer obligations
- 26(f) meet-and-confer conference preparation
- Data source disclosures
- Strategic counsel in connection with preservation, collection, culling, and production strategies for ESI data sources
- 30(b)(6) deposition witness selection and preparation for ESI infrastructure and data collection issues
- 502(d) order preparation and negoatiation
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Global Discovery and Review Counsel for Fortune 200 Company
As global discovery and review counsel for our Fortune 200 client, Nelson Mullins Encompass brings consistency, efficiency, and predictability to the client across its spectrum of matters. Matters handled span numerous countries and project types and include providing guidance on collection, discovery strategy, and reviews for US government investigations, SEC subpoena responses, foreign government requests, and a range of litigation, including mass tort product liability and patent litigation as well as discovery in connection with arbitration matters.
Enterprise eDiscovery Counsel for Fortune 100 Company
When our client sought to implement centralized and consistent eDiscovery counsel services, it reached out to Encompass. As enterprise eDiscovery counsel, we guide our client on a range of matters, including the following: implementing repeatable workflows for culling, collection, review, and production of data in litigation; consolidating review and production data into a single-web-based platform; and creating tailored solutions to support the client's efforts to use in-house discovery tools.
Discovery Counsel for Clients in Multidistrict Litigation
As discovery counsel for clients facing multidistrict litigation, a key part of client service approach includes advocating before courts, special masters, and plaintiffs committees to help right-size the scope of review. In addition our role often includes the following: assisting with in the implementation of preservation strategies; negotiating discovery-related protocols; negotiating with opposing parties regarding data sources, custodians, and production methodology; appearing before courts and special masters on discovery issues; preparing responses to discovery requests; communicating with case counsel teams; and defending clients’ discovery positions and efforts throughout the litigation.