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E-Discovery Attorneys, But Different ...
The amount of electronic data the average businessperson and company produces has grown exponentially, which has caused the costs of litigation to soar. This is because electronic discovery, (also referred to as e-discovery, digital discovery, or the discovery of electronically stored information), has increased the costs to defend and pursue litigation. On top of this state and federal rules have increased the burden on litigants to conduct e-discovery.
E-discovery generally refers to the preservation, review, and production of electronically stored information (ESI) involved in litigation (e.g., e-mail, databases, Facebook information, text messages, etc.). E-discovery is or should be a central concern for in-house attorneys and business organizations as it relates to litigation and regulatory investigations. In some cases, settlement strategy,and even trial outcomes hinge on the burden, costs, and potential pitfalls surrounding e-discovery. Failure to properly conduct electronic discovery may unintenionally cause spoliation resulting in default judgments or criminal charges.
But the high cost of e-discovery and its risks can be avoided or - at least - minimized with effective information management, retention policies, and litigation strategies.
Since 2001, our lawyers have worked with corporate clients and their in-house counsel to respond to the legal and ethical challenges presented by e-discovery. Specifically, we assist in-house counsel and their attorneys in both complying with their ESI / e-discovery legal obligations and obtaiwning ESI from opposing parties. We focus on reducing the risk of sanctions and adverse results relating to the loss or destruction of esi throughout the process.
We also work with our clients to proactively manage e-discovery risks and "get in front" of the next digital wave of litigation. Such efforts include:
- Records Management - Advising clients on a broad range of issues and potential liabilities relating to the creation and storage of electronic data.
- Litigation Readiness - Providing clients with cost-effective litigation preparation procedures and strategies that ensure the client's readiness to locate information in response to an e-discovery demand from an adversary in private litigation or a government agency.
- Litigation and Investigation Response - Assisting clients in both complying with their electronic discovery legal obligations to preserve digital evidence and obtaining e-discovery from opposing parties, with an emphasis on reducing the risk of sanctions and adverse results throughout the process.
Our E-discovery practice group has helped clients and their attorneys to:
- Develop plans for retaining, collecting, and processing e-discovery;
- Review and produce millions of digital documents using a number of different software platforms;
- Assist inside counsel or other attorneys in preparing a winning e-discovery strategy;
- Manage off-site document review projects;
- Secure from vendors the most responsive, cost-effective and productive e-discovery solutions;
- Prepare for and defend depositions of your company's IT personnel;
- Analyze, collect, review and produce electronic information subject to unique challenges, such as legacy databases, distributed data, data stored on outdated or damaged media and information stored internationally;
- Produce extracts of data from complicated, voluminous databases such as human resources information systems and accounting databases relevant to your lawsuit; and
- Work with consulting and testifying experts to process and substantively analyze e-discovery and to prepare e-discovery related motions, including motions for cost-shifting, e-discovery sanctions, and protective orders.
For more information on the E-Business e-discovery group, please contact: Jason Shinn.