Discovery

eDiscovery

Day Pitney’s Discovery Practice Group advises clients on all phases of the discovery process, from preservation and legal holds through collection, review, and production, as well as offensive and defensive discovery-related motion practice. The group works with clients to address issues involving large data volumes, complex information systems, and evolving communication platforms. The team counsels on data mapping, custodian identification, scoping, preservation strategies, collection protocols, search methodologies, review workflows, production specifications, and privilege protection. The group also advises on ESI protocols, proportionality, and discovery planning and execution defensibility in coordination with outside vendors and internal stakeholders. In matters involving discovery disputes, the team works closely with case teams on strategy, negotiation, and motion practice relating to the scope, timing, and form of discovery. The practice advises on the use of analytics and technology-assisted review to improve consistency, control costs, and support defensible decision-making throughout the review process, consistently reducing the quantum of human review of large data sets.

Information Governance

Day Pitney advises clients on information governance issues that affect litigation readiness, regulatory response, and day-to-day data management. The group works with clients to develop and assess policies and practices relating to records retention, disposition, legal hold procedures, data stewardship, and coordination among legal, compliance, record-keeping, privacy, information technology, information security, and cyber functions. The team counsels on governance frameworks designed to reduce risk and support defensible discovery practices across the information lifecycle. This includes advising on retention schedules, preservation obligations, legacy data, structured and unstructured data sources, and the challenges presented by decentralized systems and emerging business communications tools. The group’s information governance counseling helps clients manage information, reduce unnecessary data volume, and strengthen their ability to respond efficiently and effectively to litigations, investigations, and regulatory demands.

AI Advising

Day Pitney advises clients on the use of artificial intelligence in discovery and the implications of AI for discovery as well as related legal and compliance functions. The group counsels on the legal, operational, and governance issues that arise as organizations evaluate and deploy AI-enabled tools in connection with document review, information management, internal processes, and broader operations. The group advises on issues including defensibility, transparency, validation, confidentiality, privilege, human oversight, data quality, and the development of AI policies and procedures. The group advises clients on how AI may affect preservation, retention, review workflows, and the management of business records and other information to help clients integrate emerging technologies practically, responsibly, and in ways aligned with litigation, regulatory, and business risk considerations.