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Electronic Discovery (eDiscovery)

The interrelationship between electronic discovery and the retention & destruction of electronic records is inherent to any business, agency or institution that may be subject to audit, investigation, litigation or alternative dispute resolution.  Our multi-disciplinary team approach combines the efforts of experienced tech-savvy litigators with Information Technology (IT) and Records & Information Management (RIM) professionals.

Electronic discovery can make or break a growing number of cases.  Left unmanaged, the cost of eDiscovery alone can influence the outcome of important litigation. If eDiscovery is mismanaged or ignored (especially at the early critical point where decisions about legal hold are made), costs and litigation risks may be substantially higher.  Indeed, the new Federal Rules of Civil Procedure mandate that in Federal Court counsel must meet and confer to discuss Electronically Stored Information (ESI) issues at the very outset of the case.  State court rules will continue to evolve in this direction.

We have hands-on experience with numerous small and large computer network storage systems and can communicate quickly and effectively with a client's IT team to preserve critical ESI.  We can also provide advice and defensible legal strategies for the scope, timing and initiation of "litigation holds" when the legal duty to preserve evidence begins.

The services offered to our clients include:

  • Litigation Readiness - assessment of existing protocols for response to audit, investigation, litigation and arbitration; creation of litigation readiness committees in advance of claims

  • Litigation Hold - review, analysis or preparation of legal hold policies and protocols for specific claims or as part of a preventative strategy eDiscovery Response Plans - develop specific response plans for preservation of email and electronically stored information (ESI) in response to claims and litigation

  • Search Protocols - evolving case law is critical of simple word searches using such tools as Microsoft Outlook Advanced Find; such simple searches often fail to locate and produce all responsive documents

  • Case Evaluation - assist clients with evaluation of ESI components of claims and litigation

  • Vendor Selection - provide assistance in selection of vendors for litigation support, forensics and processing of ESI; advice on contracting with all vendors who are in possession, custody and control of organizational data or records for compliance with Massachusetts 201 CMR 17.00 and similar laws that require protection of Personal Information

  • Special eDiscovery Counsel - serve as eDiscovery liaison in matters requiring extensive knowledge of both IT and discovery

  • Training - best practices for managing electronic records, litigation hold and litigation readiness training; confidential technical training and "fire drills" available on confidential live client data to develop in-house expertise in the application of litigation holds to electronic storage and records retention system; litigation readiness programs and training.

This Practice Area provides comprehensive preventative law services to organizations including public and private corporations, municipalities, government agencies and educational institutions regarding legally defensible approaches to document retention policies, legal holds, email & unstructured data storage, litigation readiness and information security programs.  Our approach to these issues is to identify and apply industry standards and best practices combined with an ongoing study of the evolving case law. 

We work with our clients to take advantage of internal resources and team with a number of capable IT and RIM professionals to supplement client resources and deliver efficient, competent and cost-effective services.  We have experience handling the most complex matters, including those involving millions of electronic documents and terabytes of data.  

To schedule a confidential initial consultation please contact Steve O'Neill at info@documentretentionpolicies.com or toll-free 888-766-3455.