E-Discovery and Data Management


Attorneys and clients with complex litigation matters rely on Waller's e-discovery team to assess the costs and risks associated with e-discovery and data management.  

Data management capabilities:

  • Design customized records management and retention policies based upon industry standards and governmental statutes and regulations
  • Assist with implementation of systems and policies and train management and employees on best practices
  • Audit systems to identify potential weaknesses and non-compliance
  • Design customized litigation readiness and response plan based on specific needs and litigation profile

E-discovery services provided:

  • Manage document preservation, collection, review and production in litigation and government investigations
  • Identify relevant custodians, draft litigation hold, and implement hold
  • Conduct Rule 26(f) conferences related to e-discovery and customize plan to avoid surprises and costs
  • Assess needs and customize e-discovery plan including search and review procedures based on costs and risks
  • Identify and assist in evaluating available technologies to manage time and cost
  • Prepare and respond to motions to compel and for sanctions
  • Address data privacy concerns including counseling on cross-border discovery issues such as the EU Data Protection Directive

Waller's e-discovery chair and legal technology director are participating members of the Sedona Conference Working Group on E-discovery and The Electronic Discovery Reference Model Working Group.


  • In response to a federal investigation, Waller negotiated with the government the scope of a document search involving more than 150 gigabytes of data. Waller developed the electronic retrieval strategy and reviewed over 450,000 potentially relevant documents for responsiveness and privilege.
  • In a federal investigation of a hospital company, Waller managed the review of almost 2 million documents consisting of over 60 million pages. Waller managed multi-state document collections and ultimately processed more than seven terabytes of data. 
  • In response to a False Claims Act complaint, Waller managed contract attorneys working in multiple states to review more than 600,000 documents in less than eight weeks in a manner that the client found more cost-efficient and reliable than the client’s own collection, processing, and review of similar data sets. 
  • Using an early case assessment software, Waller was able to reduce 392,511 documents to a production of 45,207 documents. With the agreement of opposing counsel, Waller used search terms, date filters, and privilege terms to cull the data for production without any eyes-on review.
  • Waller advised a healthcare company regarding statutory and regulatory requirements for maintaining electronic and paper records, and drafted schedules as a quick reference for records management.
  • When a client faced mounting storage costs for its electronic and paper records, Waller addressed the client’s business concerns by drafting a document retention policy. The policy outlined the length of time the client was required to retain certain documents based on regulatory and statutory requirements, and set out standards for defensible deletion of documents.
  • Waller managed a collection, review and production of more than 1 million documents in an international dispute involving four related companies in the United States, Canada and Europe in compliance with the EU Data Protection Directive and Canadian Personal Information Protection and Electronic Document Act. 

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