Litigation & Arbitration

E-Discovery

Management of electronic discovery in complex litigation, government investigations, and cross-border matters, including large-volume and foreign-language document review.

Overview

In modern litigation and government investigations, the documents are electronic and the volumes are large. How a party handles preservation, collection, review, and production often shapes the outcome as much as the legal arguments do. Mishandled e-discovery creates sanctions exposure and privilege waivers; well-handled e-discovery surfaces the facts that win the case. Fridman Fels & Soto treats discovery as a substantive part of strategy, not an administrative afterthought.

The firm's litigators run document-intensive matters, including internal investigations and cross-border cases where the relevant documents sit in foreign jurisdictions and foreign languages. The firm conducts review directly in Spanish and Portuguese, which matters when the key communications are not in English and a translation layer would slow the work and lose nuance. That capability lets the lawyers who will actually use the evidence understand it firsthand.

The firm pairs that substantive command with the practical tooling of modern review: defensible collection, technology-assisted review where appropriate, privilege protocols, and production specifications negotiated to fit the matter. The goal is a discovery process that is defensible, efficient, and built around the case theory.

Our Approach

We set the framework before collection begins: a litigation hold, a preservation and collection plan, a privilege protocol, and, in cross-border matters, an analysis of foreign data-protection and privacy law that can restrict transfers out of the source country. Getting these right at the start is what keeps the process defensible and avoids re-doing work later.

We design review around the case theory, not the other way around. Reviewers, including the lawyers who will argue the matter, look for the facts that prove or disprove the claims. In foreign-language matters we review in the original language. We use technology-assisted review and analytics where they improve speed and accuracy, and we negotiate production format and search terms with opposing parties or the government to control scope.

We coordinate discovery across parallel proceedings. When a civil case, an SEC inquiry, and a criminal investigation touch the same documents, productions in one can surface in the others, so we manage them as a connected whole.

Frequently Asked Questions

What is a litigation hold and when does the duty to preserve begin?

A litigation hold is a directive to preserve potentially relevant documents and data, including emails, files, messages, and structured data. The duty to preserve arises when litigation is reasonably anticipated, which can be well before a complaint is filed or a subpoena arrives. Failing to preserve once that duty attaches can lead to spoliation sanctions, including adverse-inference instructions. We implement holds promptly and document the process so it is defensible.

What is technology-assisted review and is it accepted by courts?

Technology-assisted review uses machine learning to prioritize and categorize documents by relevance, which can dramatically reduce the time and cost of reviewing large collections. Courts have accepted these methods for years when the protocol is reasonable and transparent. Whether to use it, and how, depends on the size and nature of the collection, and we make that call matter by matter.

Can documents stored abroad be collected and produced to a U.S. court or regulator?

Often yes, but it is fact-specific. Several countries, including jurisdictions across Latin America and the European Union, have data-protection and privacy laws that restrict transferring personal data across borders, and local employment law can limit access to employee communications. We analyze the source jurisdiction's requirements before collection so the production is both useful in the U.S. matter and compliant where the data lives.

How do you protect privilege during a large document production?

We establish a privilege protocol up front, run targeted privilege searches, log withheld documents, and negotiate a clawback agreement and, where available, a Federal Rule of Evidence 502(d) order that protects against waiver if a privileged document is inadvertently produced. In foreign-language matters, privilege review is done by reviewers who can read the documents, because privilege calls cannot be made through a translation layer.

Team

Facing a government investigation?

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