Discovery

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We manage all aspects of litigation discovery including document production, depositions, interrogatories, and e-discovery to build strong cases while controlling costs.

Managing Complex Litigation Discovery

Discovery often determines litigation outcomes and drives litigation costs. MC Law's Discovery practice manages all aspects of the discovery process.

E-Discovery

Electronic discovery presents significant challenges. We develop ESI protocols, manage document collection and processing, and implement technology-assisted review.

Frequently asked questions

Federal discovery allows parties to obtain information that is relevant to any party's claim or defense and proportional to the needs of the case. The court considers the importance of the issues, the amount in controversy, the parties' resources, and the burden of discovery.

E-discovery involves the identification, preservation, collection, processing, review, and production of electronically stored information. It often represents the largest discovery cost and requires early planning for litigation holds, ESI protocols, and technology-assisted review.

A litigation hold is a directive to preserve potentially relevant documents and ESI when litigation is reasonably anticipated. It must be implemented promptly, communicated to all relevant custodians, and monitored for compliance. Failure to preserve can result in sanctions.

Strategies include creating and maintaining privilege logs, entering into clawback agreements under Rule 502(d) for inadvertent production, using privilege review protocols, and obtaining protective orders for sensitive information. Early privilege review planning reduces risk and cost.

Courts may impose sanctions ranging from compelling disclosure and awarding fees to striking pleadings, entering adverse inference instructions, or dismissing claims. Proportionality of sanctions depends on the degree of fault and resulting prejudice.

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