Co-leader and one of the original attorneys in Morgan Lewis’s eData practice, Scott A. Milner counsels and advises companies in electronic discovery and information governance processes and best practices. He works with Morgan Lewis’s lawyers across practice groups to tailor strategies and discovery management plans for clients around the globe, in numerous industries and disciplines. Scott’s practice encompasses all phases of eDiscovery, from preservation and collection to review and production of large volumes of electronically stored information (ESI).
Scott participates in 26(f) conferences, negotiates ESI agreements and stipulations addressing the scope of preservation of information, and details data that’s not reasonably accessible. He also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications. Clients frequently engage and rely on Scott to negotiate discovery protocols with several US government agencies, including the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Department of Labor, the Consumer Product Safety Commission, and the Office of Inspector General of the Department of Health and Human Services, as well as numerous state US Attorneys’ offices. He serves as eDiscovery liaison in jurisdictions across the United States, negotiates technology-assisted review protocols, and handles motions related to discovery disputes. Clients’ in-house legal counsel, technology teams, and records-management departments collaborate with Scott to develop and implement best practices for eDiscovery. He develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM) for clients including a global technology company and a global logistics and shipping company. Sharing more than a decade of experience in eDiscovery, Scott is a frequent speaker at continuing legal education classes (CLE), seminars, and webcasts. He addresses such issues as case law updates, best practices, and practice pointers for key phases of the EDRM. He also covers crucial trends in eDiscovery, including bring your own device (BYOD), social media, technology-assisted review, cloud computing, ABA ethics rule changes, and the proposed amendments to the Federal
Rules of Civil Procedure. Scott often writes articles covering these topics as well.