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E-Discovery and Lead Litigation Support Counsel

Minneapolis, MN

The firm's E-Discovery and Lead Litigation Support Counsel position combines strategic leadership, legal compliance, risk management, training, and vendor management with respect to e-Discovery technology and procedures. Responsible for policies and best practices with respect to litigation holds, data preservation, data collection from clients, and legal discovery process. Provides legal advice within the Firm and to clients regarding discovery process. Prepares annual budgets for all areas of management and reports to Firm leadership regarding same.

ESSENTIAL JOB FUNCTIONS (Including, but not limited to):

E-Discovery Counsel

• Advise the Firm regarding relevant changes and amendments to the Minnesota and Federal Rules of Civil Procedure and case law that impact practices with respect to discovery.
• Develop and implement e-Discovery policies.
• Oversee litigation holds, data preservation, and legal discovery processes.
• Collaborate with IT and legal teams to ensure defensible data practices.
• Evaluate and implement e-Discovery technologies and workflows for all jurisdictions.
• Manage relationships with e-Discovery technology vendors.
• Manage e-Discovery database costs and cost recovery programs.
• Ensure compliance with protective orders, discovery orders, and end of matter disposition of e-Discovery data.
• Provide guidance on regulatory and legal data requirements.
• Remain current on developments in the litigation support, project management, and e-Discovery fields and implement same across Regulatory/Litigation practice group and other litigation-adjacent matters.
• Assist attorneys in developing discovery plans and strategies addressing proportionality, preservation, collection, processing, review, production, and defensibility.
• Review and advise on case management orders, scheduling orders, discovery deadlines, and discovery-related provisions of court orders.
• Formulate and issue well-founded legal advice to clients and Firm constituents regarding issues related to data and document collection, discovery, assertion of privilege, and document/data management/retention/destruction protocols.
• Effectively conduct negotiations with opposing counsel regarding scope of document discovery and e-Discovery matters, including ESI protocols, discovery plans, protective orders, and confidentiality agreements.
• Consult with attorneys regarding ESI protocols, discovery plans, protective orders, matters of privilege, preparation of privilege logs, technology-assisted review, and AI utilization in furtherance of comprehensive and cost-effective results.
• Supervise large-scale document reviews, including review-team staffing, training, workflow design, privilege review, responsiveness determinations, escalation procedures, and quality assurance.
• Assist clients and attorneys with legally defensible data collection and litigation hold implementation and work with outside vendors to effectuate same as necessary.
• Advise and communicate regularly with clients regarding the status of legal matters, particularly with respect to status of discovery.
• Maintain membership in state bar and complete all required Continuing Legal Education requirements necessary for good standing.
• Maintain professional relationships with other members of the e-Discovery and Litigation Support community generally, as well as by participating in local, state, and national associations.
• Follow the ethical requirements as set forth by the Rules of Professional Conduct of Minnesota and comply with all requirements of the Firm’s professional liability insurer.

Litigation Support Oversight

• Supervise members of Litigation Support team with respect to their role in providing support to attorneys and paralegals in the Regulatory/Litigation practice group related to data collection, processing, analysis, and presentation in depositions, hearings, arbitrations, trials, and other litigation-related settings.
• Ensure completion and tracking of all work, preparation of status reports, and time spent on projects and cases by the Litigation Support team, as requested.
• Provide strategic and technical support for deposition preparation, exhibit management, investigations, and trial preparation involving electronic evidence.
• Work with Litigation Support Manager to prepare and implement Litigation Support best practices and standard operating procedures.
• Conduct regular training sessions for members of the Litigation Support team, and for Firm attorneys and business professionals on best practices, standard operating procedures, and effective use of available programs and tools with respect to e-Discovery matters.
• Effectively conduct negotiations with vendors regarding pricing of services.
• Conduct bi-monthly status meetings with Litigation Support team members.
• Prepare an annual budget for the Litigation Support team, along with Litigation Support Manager and apprise Firm leadership of the same.
• Conduct periodic performance reviews of direct reports, including members of Litigation Support team.
• Work closely with the Firm’s Records Manager and the Litigation Support team to effectuate client file transfers as required.

COMPETENCIES (KNOWLEDGE, SKILLS AND ABILITIES) REQUIRED:

• Ability to concentrate and pay close attention to detail for up to 100 percent of work time.
• Analytical skills necessary to conduct complex and detailed analysis of legal matters.
• Ability to work well under pressure with deadlines – possesses a sense of urgency.
• Ability to effectively handle multiple tasks and frequent interruptions.
• Interpersonal skills necessary in order to communicate by e-mail and telephone with a diverse group of clients, attorneys and staff, and vendors and provide information with ordinary courtesy and tact.
• Ability to develop, maintain, and manage a “customer” focused staff.
• Strong written and verbal communication skills.
• Ability to quickly digest large volumes of complex information and summarize the key issue in a way that is technically accurate but easy to understand.
• Knowledge and understanding of e-Discovery processes and procedures to ensure appropriate compliance.
• Familiarity with Relativity, or similar e-Discovery and record-keeping platforms.
• Skill in the operation of personal computers and specified computer applications needed for legal reference and research, word processing, and spreadsheets.
• Work may at times require more than 40 hours per week to perform the essential duties of the position.

QUALIFICATIONS, REQUIRED:

• Juris Doctor degree from an accredited law school.
• Active license to practice law in Minnesota, or eligibility to obtain Minnesota licensure within a reasonable period following commencement of employment.
• Minimum of three years of progressively more responsible work experience necessary to gain expertise needed to practice in litigation setting.
• Ability to travel to private and public buildings locally and statewide via private or public conveyance to attend to client needs on legal matters.

WORKING CONDITIONS:

• Requires use of office equipment, such as computers, telephones, and copiers.
• Requires sitting and performing computer-related activities for extended periods of time.
• Ability to handle 20-pound (or heavier) boxes of documents and/or pieces of evidence.
• Ability to drive an automobile, often necessary at trial, when traveling or visiting clients.

SALARY & BENEFITS

Competitive base salary commensurate with experience. $150,000 - $210,000 annually.

Posted salary ranges are made in good faith. Winthrop & Weinstine reserves the right to adjust ranges depending on the experience/qualifications of the selected candidate as well as internal and external equity.

Winthrop & Weinstine offers a comprehensive benefits package for all regular full time employees including health insurance, paid parental leave, 401(k), disability, life insurance, paid time off, and voluntary benefits.

Equal Opportunity Employer

Winthrop & Weinstine is an equal opportunity employer. We do not discriminate on the basis of race, color, creed, religion, sex, national origin, physical or mental disability, age, veteran status, pregnancy, sexual orientation, genetic information, gender identity, or any other basis protected by state or federal law or local ordinance.