Electronic Discovery and Data Protection

Arnold & Porter has more than 50 attorneys across every office with extensive experience representing clients in matters involving e-discovery, data breach, and data protection issues.

We have a history of addressing complex discovery issues in large, document-intensive litigation, and our team includes seasoned litigators with extensive experience in a wide array of practice areas. We are involved in leading organizations in the field, such as the Sedona Conference Working Groups and Association of Certified E-Discovery Specialists.

During litigation, we do not shoehorn our clients into a single e-discovery "solution" but instead tailor the solution to the client's particular litigation at hand. Our team works closely with clients to respond to e-discovery obligations, including:

  • establishing a comprehensive understanding of the client's information systems and a map of those systems that are potentially relevant to the matter;
  • launching defensible document preservation plans appropriate to the engagement; and
  • proposing and implementing cost-effective solutions for the collection, review, and production of documents and data to meet the client's discovery obligations.

A successful e-discovery response often begins with proper data management before a dispute ever arises. Our team counsels clients to help ease the burden of future discovery demands through:

  • defensible records retention programs;
  • litigation hold policies to satisfy expected preservation obligations;
  • litigation readiness policies and programs; and
  • compliance with data protection regulatory requirements.

We are multi-disciplinary with experience in handling e-discovery not only in litigation, but also in government investigations, administrative proceedings, internal investigations, due diligence, and other nonlitigation contexts. Our team also works with clients' information technology and disaster response teams to navigate a path to prevention or resolution of data breach incidents, and we have experience dealing with data protection regulations around the world.


Cross-Border E-Discovery: Navigating Foreign Data Privacy Laws and Blocking Statutes in US Litigation
New York City Bar's E-Discovery Working Group

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