The proliferation of information technology, including electronically stored information (ESI), has made it difficult for a business to know what information is within its control and how to manage that information in the event it is required to produce ESI to an opposing party in litigation. As the scope of ESI continues to expand at an exponential rate, the technological and legal tools for addressing the additional burdens created by this volume continue to evolve. Recent court decisions have imposed heavy sanctions on corporations that were unable to respond effectively to discovery requests. To address this complex and rapidly evolving area of the law, our attorneys assist clients with developing custom-tailored programs and providing on-going counseling. Most importantly, we work collaboratively with clients to minimize disruption to the client’s business operations and ensure that the ESI plan meets their needs and satisfies their legal obligations.
Our lawyers counsel and assist the firm’s clients in responding to discovery in all forms, including electronic discovery. Before discovery starts, we counsel clients on records that need to be maintained (including electronic data) to comply with applicable rules. We take the time to understand the client’s business, records, and information management systems. By working closely with clients’ information technology departments to develop client-specific solutions for the cost-effective management of data, we are able to streamline the discovery process, create defensible protocols and repeatable processes, and in turn, reduce the burdens and risks associated with meeting e-discovery obligations in litigation and investigations. Once litigation or an investigation arises, we consult with clients to develop case-specific and economical strategies for managing ESI throughout the entire e-discovery process, including preservation, identification, collection, review, production, and presentation of e-documents.