Discovery

Assisting a successful defense

• A multinational manufacturing company faced a government investigation into antitrust and obstruction charges. The case involved complex forensic electronic evidence issues, including potential spoliation. McDermott worked with forensic experts and counsel to understand key issues of the case, interviewed clients on international travel, crafted a preservation plan and negotiated with the government regarding processes for forensic evidence production. Our assistance allowed the legal team to provide the most informed and successful defense possible, contributing to a successful outcome for the client.

Defending a SEC investigation

• The SEC conducted a two-year investigation involving a client’s potential FCPA violations and tax restatement issues. McDermott conducted more than 14 document reviews involving 100+ custodians and a workspace containing nearly 14 million documents. Because the investigation reached subsidiaries in Africa, South America and Southeast Asia, we had to manage multiple review teams comprised of more than 130 lawyers across three geographic regions and time zones, and in multiple languages. We utilized predictive coding to reduce review sets by several million documents and applied effective search terms to data not included in the technology-assisted review project. Our efforts significantly reduced the scope of the search criteria and defensibly reduced manual review needs. We also identified documents for witness interviews and a presentation to the SEC.

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