The amount of data on construction projects is staggering. From emails to scheduling files to drawings to text messages and Teams chats, the size and scope of data on a construction project is substantial – and growing. DFL has a wide range of experience counseling on the management of this data and then using key pieces of that data in litigation or domestic or international arbitration.
Our Data Management and eDiscovery practice encompasses a broad range of services both before and in connection with litigation and arbitration including:
- advising on data retention policies
- counseling on “Bring Your Own Device” policies and procedures
- drafting litigation hold notices and advising on the creation of data preservation plans
- negotiating and drafting protective orders and electronic data protocols, and
- creating customized plans to collect, search, review and produce data, including using AI and other types of technology assisted review.
We have the experience to effectively manage terabytes of data for a jury trial in state or federal court or to handle thousands of records in response to Stern requests in an international arbitration.
We also have extensive experience with international discovery and data management issues. This includes compelling documents and depositions in international jurisdictions and moving data across international borders for litigation and international arbitration in compliance with the European Union’s General Data Protection Regulation (“GDPR”).
Even in cases where DFL Legal is not primary litigation counsel, we can assist with data management, preservation, and eDiscovery plans. To ensure efficiency and cost effectiveness for data management and eDiscovery projects of all sizes, we partner with eDiscovery vendors to offer a variety of data platforms and eDiscovery tools. In addition to our in-house eDiscovery staff, we work with specially trained, cost-effective eDisocvery attorneys who can efficiently perform all types of document reviews, including as required under the GDPR and other similar international data regulations.
For more information about DFL Legal’s Data Management and eDiscovery practice, please contact Samantha Brutout at 412-926-1816 or sbrutout@dfllegal.com.
Representative Matters
- Lead eDiscovery counsel in multiple litigations for the joint-venture contractor in connection with the Alaskan Way Viaduct Replacement project in Seattle, Washington. Millions of documents were collected, reviewed, and produced from the parties to the litigations and the third-parties that were subpoenaed. Additionally, more than 160 days of deposition were taken in the case, requiring extensive document review and preparation. The parent company of one of the joint-venture partners was also headquartered in the EU, requiring compliance with GDPR and cross-border data projections.
- Lead eDiscovery counsel in an international arbitration for a Canadian general contractor and its Italian parent company involving a contract for the construction of a natural gas pipeline. Hundreds of thousands of documents were collected, reviewed, and produced in a very short timeframe pursuant to the discovery schedule. As a result of the involvement of the Italian parent company in the arbitration, extensive document collection was done in Italy in full compliance with the GDPR.
- Lead eDiscovery counsel in an arbitration for a joint venture contractor in connection with a multi-billion dollar high speed rail project in the United States. We oversaw document collection, processing, review, document preparation, and preparation for depositions and the arbitration hearing.
- Lead eDiscovery counsel for general contractor in a dispute against a joint venture owner of a high-performance steel manufacturing facility in the United States District Court for the Northern District of Ohio. Hundreds of thousands of documents were collected, reviewed, and produced. Extensive third-party discovery was also conducted. International document collection and depositions through the letters rogatory process were also conducted.
- Lead eDiscovery counsel in an international arbitration for a steel fabricator and supplier based in Thailand. We successfully navigated cross-border data issues and oversaw document collection, processing, review, document preparation, and preparation for the arbitration hearing.