'Triple threat' e-discovery specialist brings a wealth of skills to the courtroom
Stephanie Giammarco started in e-discovery work at a time when reviewing a couple of hundred e-mails was a big deal in a case. Now, in a time when that is a puny ESI volume, the CEDS-certified BDO partner applies her long experience to the large, often international, cases she handles for clients.
Stephanie L. Giammarco is a triple threat for her clients. As an e-discovery specialist she can advise clients on defensible and repeatable processes they should establish to withstand close scrutiny when the security of their electronically stored information is questioned. As a fraud investigator and CPA, the BDO USA partner can unravel fraud and detect the perpetrators' modus operandi. As a computer forensics specialist she can dissect a computer, find hidden ESI treasures and do things like e-mail analytics as well as deletion and metadata analysis. 
One of the leaders of BDO USA’s Litigation and Fraud Investigation Practice, the 12-year New York-based firm veteran has worked in e-discovery since it was a budding issue in 2000. Things were different then.
“In those days it was pretty basic. You’d look at e-mails that were resident in a person’s mailbox. Sometimes you printed them out as part of the review," Giammarco says.
Giammarco, who was among the first to pass the rigorous Certified E-Discovery Specialist examination, adds, "Now, it's no longer a few hundred e-mails that must be reviewed in a case, but multiple thousands of them as well as other documents. That is what has driven the growth of e-discovery, the tremendous volume of electronically stored information and its use as evidence."
Explosive growth of ESI drove growth of e-discovery industry
It is also a main driver of the growth of the e-discovery technology and consulting industry that serves companies, government agencies and other organizations, Giammarco says.
"The great volume of ESI, even in small cases, creates the need for an organized structure in document review. It also gives rise to e-discovery platforms and technology to help in document reviews," she says.
Education of clients is a major responsibility of e-discovery consultants "This creates a huge responsibility for me and my firm as advisors. We must educate our clients on e-discovery and the proper handling of ESI and the ramifications of improper handling."
"We are consultative in our approach with clients. Early in the engagement we find out what they need, and suggest the most effective way to conduct an engagement once we get all the facts.
"Although we get called into cases at various stages, it is always best to get us into a case at an early stage when we can help the most. That doesn't always happen.
"At BDO we have a computer forensics and e-discovery lab where our certified forensics specialists work on the data we recover from servers, laptops, desktops and other sources as early in a case as possible. We make sure to copy the data to ensure it is preserved," she said.
Often gives court testimony and in-court e-discovery advice
Giammarco often takes the hot seat in e-discovery matters as an organization’s "Rule 30(b)(6) witness" to explain the existing process and procedures concerning ESI in a litigation matter. Rule 30(b)(6) refers to the US Federal Rule of Civil Procedure that requires a company or other private or public organization to designate a person who "must testify about information known or reasonably available to the organization."
Giammarco also occasionally finds herself in court invited by the client or lawyers for hearings on e-discovery issues to advise them on e-discovery motions, to assure that the client understands the court’s position on e-discovery issues or to suggest areas of negotiation.
Resolution of cases solely on e-discovery costs is ‘troubling’
Giammarco believes the principle of "proportionality" can help control costs because it facilitates honing in on the most relevant data in a legal dispute.
"It’s troubling that cases often are resolved or settled on things other than the merits. E-discovery costs should not drive settlements and case results. Unfortunately there’s been more of a focus on e-discovery costs," she says.
One way that a business or other organization can avoid e-discovery problems is to be able to demonstrate a defensible and repeatable approach in the way it maintains its data. The important thing, Giammarco says is to make a plan and act on it.
Giammarco's practice is diverse. She has done work for Fortune 500 companies, major law firms and their smaller counterparts. In recent years, she has developed a specialty in defending companies that are under investigation by the US Securities and Exchange Commission. But she also does e-discovery work for government agencies. The US Department of Justice is one example.
Growing internationalization of her practice
Increasingly, her work extends beyond US borders. She is presently involved in a case where the data and other evidence must be gathered in Hong Kong. Giammarco says in recent months every new case she gets has an international component. As a result, she finds herself in frequent contact with the firm’s London office.
She is proud of her new CEDS certification, describing the examination as "tough." She says, "If I meet a person who is a Certified E-Discovery Specialist, I know they have an understanding of e-discovery. That puts our communications at a higher level."
