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DWT
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Electronic Discovery

The majority of business information is now created and managed digitally. As a result all legal discovery includes an e-discovery component. The ever-increasing volume and complexity of electronically stored information raises significant legal and practical challenges for businesses in civil litigation. Companies must be able to accurately and completely identify, preserve, collect and produce electronic data to comply with procedural rules and evolving case law. In addition, this needs to be done in an efficient and cost-effective manner suited to the strategy of a particular case.

Given the increasing amount of electronic evidence and the potentially harsh sanctions for noncompliance, businesses require the assistance of experienced attorneys who focus on and fully understand how to efficiently prepare for electronic discovery and successfully manage it during litigation.

Our attorneys with experience in electronic discovery advise numerous companies and write and speak extensively regarding litigation readiness, e-discovery best practices, records management and data security. Our electronic discovery consulting team has developed specific practices and procedures in accordance with the guidelines of industry leading electronic discovery resources including the Electronic Discovery Reference Model (EDRM) and commentaries published by Working Group 1 of the Sedona Conference. Our litigation teams work with clients to develop economically appropriate and strategically effective approaches to electronic discovery, including evaluating and supervising electronic discovery service providers at all stages of the discovery process. We are adept at partnering with technology professionals to identify and collect client data. In addition to litigators with a depth of experience in electronic discovery, we have an experienced in-house litigation support team with technical knowledge in scalable electronic discovery solutions at all stages of litigation.

We are well-versed in the emerging body of law regarding electronic data collection, storage, preservation issues and e-discovery obligations. We are experienced in advocating with counsel and in court for appropriate electronic discovery strategies. Our clients rely on us to implement effective and cost-sensitive collection, processing, review and production strategies as an integral part of reducing the cost and burden of litigation. This includes our advice, counseling and strategic case management relating to the following issues:

  • The early disclosure and strategic conferral obligations required under the Federal Rules of Civil Procedure and state law equivalents
  • Litigation readiness consulting, including development of data maps
  • Preparation and implementation of preservation notices and legal holds
  • Development of document collection and custodian identification strategy
  • Obligations to produce specifically requested formats or types of data
  • Strategy for data and review management for high-volume and complex discovery cases
  • Strategies for proactively managing electronic discovery volume as part of your total litigation strategy
  • Evaluation and engagement of electronic discovery vendors for collection, processing, culling and hosting complex electronically stored information