Bingham

Bingham

eDiscovery

Given the ever-changing legal landscape, eDiscovery has become perhaps the most difficult and costly aspect of litigation. As the volume of electronically discoverable information increases exponentially, so too does the need for advanced eDiscovery strategies and techniques to rein in costs while maintaining quality.

Experience

  • Oracle — Helped Oracle secure a jury verdict in a copyright infringement suit against SAP AG, the world’s largest maker of business-application software. During three years of intense discovery, Bingham developed sophisticated e-discovery protocols to manage a massive and disparate set of data from Oracle, SAP and numerous third parties. Since the case involved illegal downloads of software files, Bingham’s investigation included forensic analysis of various computer systems and software files. At a critical juncture of the case, Bingham negotiated an innovative stipulation to resolve an e-discovery dispute related to SAP’s production of over 20,000 instant messages after the close of discovery. As a result of the stipulation, Bingham partner Geoff Howard was able to read some of those instant messages directly to the jury and certain facts were deemed established based on the instant messages.
  • Intel Corporation — Serving as lead counsel for Intel Corporation in more than 75 federal class actions, consolidated in the U.S. District Court in Delaware, challenging Intel’s sales and marketing practices for its microprocessors under federal and state antitrust laws. We also represented Intel in related state court class actions in California and served or are serving as co-counsel in related cases brought by AMD, the Federal Trade Commission and the New York Attorney General’s Office. In connection with these and other matters, which involve some of the largest discovery records in the history of U.S. civil litigation, we provide strategic counseling regarding all phases of electronic discovery and have also litigated several high-profile electronic discovery disputes.
  • Major Independent Oil Company — Bingham represents a major independent oil company in complex multi-district litigation and multi-agency investigation matters. Bingham received and produced a massive volume of documents in connection with Congressional hearings, Presidential Investigative Commissions, governmental agency investigative hearings, and numerous litigation matters. To manage and review the data, Bingham partnered with a leading consultant in predictive information management software, and utilized advanced predictive coding techniques to prioritize and identify relevant documents.
  • Confidential Client — Representing a financial institution in multiple successive regulatory investigations related to the mortgage-backed security collapse. The investigations began in the spring of 2008 and are ongoing. To date, we have collected approximately 5 million emails and produced about 1.5 million emails totaling approximately 10 million pages. We are providing project management, consultation, metric review, document review configuration and methodology, vendor consultation, and data processing, working alongside the client’s selected service provider.
  • Confidential Client — Secured a major victory for a global security firm in connection with an SEC investigation initiated in the wake of the sudden withdrawal of the company’s outside auditor due to internal accounting irregularities. NASDAQ threatened to delist our client due to its delay in filing in the wake of the above issues. Bingham was first able to obtain necessary waivers from NASDAQ to continue the company’s listing and oversaw its filing of multiple amended forms. After an intensive and proactive engagement with the SEC over several years, we convinced the agency not to proceed further with its investigation — a complete and full victory for our client. From the terabyte of data collected from 140 custodians, over 1.8 million documents were initially searched and culled using early case assessment technology managed by Bingham’s litigation technology team, with the resulting data set loaded to an online tool for review and rolling productions.
  • Confidential Client — Represented a major financial institution in a high-profile SEC investigation resulting from the subprime crisis and the financial meltdown. Bingham managed the eDiscovery process from collection through production. Over the course of a two-year document review, approximately 9 million documents were reviewed, and over 85 million pages produced. We also represented that financial institution in a subsequent securities class action, in which plaintiffs sought to lift the discovery stay and inspect all of the documents produced to the SEC. The plaintiffs’ motion was denied in its entirety.

Publications

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