WilmerHale DiscoverySolutions LITIGATION/CONTROVERSY

Precision. Speed. Value. E-Discovery that hits the mark.


Companies engaging in matters involving e-discovery and document review demand the highest quality legal representation and competitive pricing. WilmerHale's significant investment in people, processes, methodology and technology brings us to the forefront of e-discovery and document review, allowing us to substantially reduce the cost of discovery; improve the predictability of those costs; and increase the efficiency and speed of document review. Our team can provide full-scale review services for English language documents and small-scale review services for documents in Spanish, French, German, Japanese, Mandarin Chinese, Russian and Belarusian.

Advantages & Methodology

Advantages

WilmerHale DiscoverySolutions is comprised of five departments that work collaboratively and cohesively to achieve the best results for our clients. Our team includes consulting attorneys, staff attorneys, discovery attorneys, litigation support and a technical team.

Working together, these departments achieve the following advantages for our clients:

  • a reduced number of irrelevant and duplicative documents to review;
  • faster identification and utilization of key documents;
  • more timely provision of key documents and facts to our partners;
  • internal handling of document reviews ranging in size from gigabytes to terabytes at a competitive and predictable cost; and
  • a strong platform from which to offer flexible and competitive pricing.

Methodology

Our methodology is comprised of five steps:

1.  Reduce the volume of documents to review
2.  Review more efficiently
3.  Use technology to help code documents where appropriate 
4.  Use workflows to minimize time-consuming human intervention
5.  Use metrics to track, analyze and prevent errors

Client Support

WilmerHale DiscoverySolutions is unique in its multilayered approach to supporting our clients' needs, from strategic and technical advice to review services. The five departments that compose our team include:

Consulting Attorneys
Consulting attorneys focus their practice on providing strategic and tactical advice on all aspects of e-discovery. Specifically, they advise the law firm community and clients on e-discovery best practices, emerging issues and trends. They design and implement workflows utilizing statistical analysis and predictive methodologies and coordinate the establishment of data preservation, collection and processing protocols with in-house IT departments, litigation support and external vendors.

Staff Attorneys
Our staff attorneys manage matters to create smarter document review processes through strategic and tactical work, from document preservation to collection, and through review and production. They are the chief liaisons between our clients, partners, associates and the WilmerHale DiscoverySolutions teams. In their roles, they utilize the firm's internal review software as well as review and analytical tools from e-discovery vendors. The staff attorneys benefit from the firm's ongoing commitment to continuing education and excellence.

Discovery Attorneys
Our discovery attorneys provide e-discovery and document review support to firm clients across industries and practices. These attorneys leverage our cutting-edge in-house technology and third-party document review technologies to provide the most cost-effective document review. The discovery attorneys work seamlessly with our case teams to build greater efficiency into the discovery process than has ever been possible, and they work with the high expectations of performance and quality that pervade the firm. Our discovery attorneys are capable of providing full-scale English language review services as well as small-scale review services for documents in Spanish, French, German, Japanese, Mandarin Chinese, Russian and Belarusian.

Litigation Support Team
The litigation support team advises our attorneys and clients on preferred methods of organizing and automating litigation. They provide guidance and support on a wide variety of systems and technologies to enhance our evidence management, e-discovery, docketing and matter management efforts.

Technical Team
The technical team is responsible for supporting technology solutions, processing data for review, and organizing and maintaining our litigation databases. They also perform ongoing testing and maintenance of our litigation software technologies.

Pricing

lawsuit-discovery-diagram.jpgWilmerHale DiscoverySolutions provides clients with a flexible pricing structure to meet their various needs and offers three distinct options that permit them to choose just the review, just the technology, or a complete package of both review and technology.

Option 1: Review
Clients who choose to use technology other than the WilmerHale offering will still benefit from the advantages of utilizing our discovery attorneys. In this offering, the firm charges a competitive hourly rate; however, as is true with all WilmerHale matters, the firm is willing to consider alternative fee engagements.

Option 2: Technology
Clients who want to leverage WilmerHale DiscoverySolutions technology may opt for set, predictable costs for their matter at an early stage, or to control their data costs more closely through early culling of the set.

Option 3: Technology and Review
Similar to our technology-only offering, clients who choose to leverage both the technology and review capabilities of WilmerHale DiscoverySolutions may opt for a predictable cost structure leveraging the technology together with a competitive hourly rate for document review performed by our discovery attorneys. Clients may also choose to maximize the predictability of technology and review costs by leveraging early analysis of their data to determine if a fixed fee arrangement is appropriate.

FAQ

What are the benefits of WilmerHale DiscoverySolutions?
Clients obtaining representation for contested matters involving e-discovery and document review expect to receive the highest-quality legal representation in a predictable and cost-effective manner. Our e-discovery and document review process and methodology allow us to increase the efficiency and accuracy of document review while reducing associated time and costs, and continuing to produce high-quality legal work. Additional benefits include:

  • a reduced number of irrelevant and duplicative documents to review;
  • faster identification and utilization of key documents;
  • more timely provision of key documents and facts to our partners;
  • internal handling of document reviews ranging in size from gigabytes to terabytes at a competitive and predictable cost; and
  • a strong platform from which to offer flexible and competitive pricing.

Which document review tool does the firm use in-house?
Several years ago, the nature of discovery changed significantly. As a result, WilmerHale invested in a new technology platform and implemented substantive changes to our approach to discovery in order to drive more efficient, cost-effective and valuable document review work. Licensing an advanced document review technology was a key foundation to those efforts. In 2010, the firm licensed Recommind's Axcelerate—an advanced tool that enables us to drive smarter document review for our attorneys and clients. Recommind is currently the only document review tool we have in-house.

What are the benefits of using Recommind's Axcelerate?
We have built a smarter discovery and document review process and methodology using Recommind's technical foundation. Our capabilities allow us to increase the efficiency and value of document review while reducing associated time and costs. Our clients demand and expect us to be cognizant of the cost and inefficiency of traditional linear review. As a result, we have to think of and execute better discovery. Additional benefits of the Axcelerate tool include: 

  • A reduction in the number or deprioritization of irrelevant documents in review. There is a temporal aspect to what we do—the less time we spend reviewing non-responsive documents, the greater value we bring to our clients. Additionally the better we can front-load responsive documents and push non-responsive documents to the back of the queue, the better our time is used.
  • The ability to internally handle document review of large data volumes.
  • The ability to identify key documents and facts for case teams more quickly—again, in this field, time is of the essence, so there are mechanisms we can deploy to find the most important documents more quickly. 

What are some of the ways in which users can leverage Recommind's functionality?
To leverage the Axcelerate tool's functionality, users can: 

  • intelligently batch documents by term, concept, date, priority custodian, duplicate, near duplicate and thread;
  • utilize reporting features to review and revise search term hits;
  • utilize the "training" feature within the predictive coding pane to identify documents conceptually similar to important documents;
  • employ random sampling techniques for greater insight into the corpus of data and for quality control purposes;
  • review the auto-generated concept groups within the tool to prioritize data; and
  • utilize the "analyze" feature to compare any two metadata fields. 

How do WilmerHale's e-discovery capabilities truly impact the firm's ability to offer alternative fee engagements?
With the adoption of a firm-wide methodology and standardized process supported by next-generation technology comes a better ability to predict costs, manage work, and align fees and the value of legal services. This solution affords us a level of capability to reliably and accurately track and report on a wide range of performance metrics. This information serves as the basis for developing new and innovative alternative fee engagements for our clients that are founded on fact-based estimates.

Can WilmerHale DiscoverySolutions be used post-discovery? Can it be used for production, trial prep, deposition prep or to analyze the opposing party's data?
Yes, our technology can be used to create productions and to analyze the opposing party’s data. In addition, features of the technology can be leveraged to assist with trial and deposition preparation.

How is WilmerHale able to price this solution competitively as compared to outside vendors?
WilmerHale has a different business model than outside vendors who have to support their entire business and profitability through e-discovery offerings. We are looking to improve the value proposition of these services for our clients.

How is the service priced? 
The cost of e-discovery falls into two categories: technology and document review. For technology, we have priced the service in a competitive and predictable way. As for the cost of review itself, clients can leverage the expertise of WilmerHale discovery attorneys, who are able to perform higher-quality document review work with greater efficiency from our Business Services Center. For clients who are seeking the greatest benefit, we can offer combined pricing, which provides a competitive and predictable price for document review by our discovery attorneys.

Does WilmerHale offer CLEs to clients related to e-discovery or document review?
WilmerHale frequently provides training on various topics for our clients, including training that qualifies for CLE. If a client is interested in having WilmerHale teach a program related to e-discovery or document review, contact WilmerHale DiscoverySolutions Director of Operations Nathan Reichardt at +1 937 395 2138 or nathan.reichardt@wilmerhale.com.

Bogdasarian, Pete

Pete Bogdasarian

Senior Staff Attorney

+1 202 247 4425 (t)

pete.bogdasarian@wilmerhale.com

Cronin, Eric M.

Eric M. Cronin

Senior Staff Attorney

+1 617 526 6629 (t)

eric.cronin@wilmerhale.com

Fawcett, James T.

James T. Fawcett

Senior Staff Attorney

+1 212 295 6483 (t)

james.fawcett@wilmerhale.com

Forshey, Melanie J.

Melanie J. Forshey

Senior Staff Attorney

+1 202 663 6134 (t)

melanie.forshey@wilmerhale.com

Fowler, Jennifer L.

Jennifer L. Fowler

Senior Staff Attorney

+1 617 526 6092 (t)

jennifer.fowler@wilmerhale.com

No Image

Patricia Hromada

Senior Staff Attorney

+1 202 247 3725 (t)

patricia.hromada@wilmerhale.com

Feingold, Jessica

Jessica Kalt

Senior Staff Attorney

+1 202 247 4460 (t)

jessica.kalt@wilmerhale.com

Khamis, Samia

Samia Khamis

Senior Staff Attorney

+1 212 230 8861 (t)

samia.khamis@wilmerhale.com

Knoblauch, Bethany S.

Bethany S. Knoblauch

Senior Staff Attorney

+1 202 247 3261 (t)

bethany.knoblauch@wilmerhale.com

Lamb, Robert B.

Robert B. Lamb

Senior Staff Attorney

+1 202 247 3713 (t)

robert.lamb@wilmerhale.com

Contacts

For global questions regarding the WilmerHale DiscoverySolutions program:
Peggy L. Giunta
Peggy L. Giunta
Chief Legal Personnel and Development Officer; Chief Practice Management Officer
+1 617 526 5544 (t) | peggy.giunta@wilmerhale.com

 

For Recommind or technology-based questions:
Nathan Reichardt
Nathan Reichardt
WilmerHale DiscoverySolutions Director of Operations
+1 937 395 2138 (t) | nathan.reichardt@wilmerhale.com

 

For discovery strategy questions:
Zviad V. Guruli
Zviad V. Guruli
Lead WilmerHale DiscoverySolutions Consulting Attorney
+1 202 247 3724 (t) | zviad.guruli@wilmerhale.com 


Dawn M. Johnson
Dawn M. Johnson
WilmerHale DiscoverySolutions Consulting Attorney
+1 617 526 6346 (t) | dawn.johnson@wilmerhale.com

 

For discovery attorney program questions:
Nathan Croumer
Nathan Croumer
Discovery Attorney Administrative Manager
+1 937 395 2148 (t) | nathan.croumer@wilmerhale.com 


Micheline Kidwell
Micheline Kidwell
Discovery Attorney Staffing Manager
+1 937 395 2396 (t) | micheline.kidwell@wilmerhale.com

Publications & News

View

May 28, 2014

Croumer Named to Dayton Business Journal’s “40 Under 40” List

The Dayton Business Journal has selected Discovery Attorney Administrative Manager Nathan Croumer to its 2014 "40 Under 40," an annual list honoring the Dayton region's brightest business and community leaders under 40 years old.

February 4, 2013

WilmerHale 2012 in Review

As another busy year gathers momentum, we are pleased to report to you on some of the firm’s key achievements of the past 12 months. In 2012, we were privileged to gain a fresh appreciation for the depth and breadth of our practices, the financial strength of our firm, and the loyalty of our remarkable clients, from our new vantage as co-managing partners.

December 3, 2012

The Financial Times Recognizes WilmerHale as an Innovative Law Firm

The Financial Times released its third annual US Innovative Lawyers special report, recognizing WilmerHale's e-discovery practice and also its QuickStart Program, designed for the startup community. The report reflects those law firms that are bringing fresh thinking and practices to solving business problems across the nation.

September 12, 2012

WilmerHale Earns Spot on 2012 InformationWeek 500 List of Top Technology Innovators Across America

March 19, 2012

Disclosing Novel Document Review Methods

An article by Partner Robert W. Trenchard appearing in the March 19, 2012 edition of New York Law Journal.

January 31, 2012

WilmerHale 2011 in Review

April 18, 2011

Hope for Reversing Commoditization of Document Review?

An article by Partner Robert W. Trenchard appearing in the April 18, 2011 edition of New York Law Journal.

February 24, 2011

The Defensibility of Predictive Coding

In this webinar, WilmerHale Partner Robert w. Trenchard and Recommind Vice President and General Counsel Craig Carpenter discuss whether Predictive Coding satisfies the federal rules’ requirements for reasonable (and thus, defensible) review; its potential for producing more accurate results than linear review; and its potential for costing significantly less while also being quicker than traditional linear review.

February 3, 2011

The Defensibility of Non-Human Document Review

An article by Partner Robert W. Trenchard discussing how advances in technology now hold the promise of reigning in e-discovery review costs and improving quality. Published in Digital Discovery & e-Evidence, a Bureau of National Affairs publication.

December 9, 2010

Computer-Expedited Review: The Future is Here

Partner Robert W. Trenchard, along with technology provider Recommind, explores how computer expedited review is no longer a dream – it’s here now, and it works.

Recognition

  • The Financial Times Recognizes WilmerHale as an Innovative Law Firm
  • WilmerHale Earns Spot on 2012 InformationWeek 500 List of Top Technology Innovators Across America