At Jackson Lewis, we are strong advocates of being proactive and planning for e-discovery.  A number of companies have realized that one of the best ways to reduce e-discovery costs is to be prepared before an opposing party files a complaint or the government comes knocking at the door. This also minimizes the burden on business operations and strengthens the company’s position in a litigation or regulatory investigation. What these companies have learned is that knowing what electronically stored information (ESI) exists, where it is, and how to get it brings order to what is otherwise often a chaotic process early in a litigation or investigation. These companies are better prepared to negotiate reasonable limitations on discovery demands, while their attorneys can focus on litigation strategy, rather than scrambling to piece together an ad hoc understanding of the company’s electronic records and data. In addition, legally-defensible document retention and destruction policies reduce the amount of unnecessary electronic data to sort through, as well as the risk of sanctions for failing to adequately preserve data or otherwise comply with increasingly stringent legal requirements.

Among the services we offer are the following:

  • Preparation and review of e-mail and other ESI retention and destruction policies;
  • Preparation and review of proportional litigation hold policies and procedures;
  • Establishment of reasonable and defensible document review strategies and protocols;
  • Establishment, training, and coaching of internal corporate e-discovery readiness teams;
  • Preparation of high level data maps and information accessibility classifications under FRCP 26(b)(2)(B);
  • Procedures for destroying/discarding old backup tapes in a legally defensible manner;
  • Rule 37(e) guided certification of deletion of unnecessary electronic information; and
  • Compliance with electronic data privacy rules.

A few other thoughts before you move to our latest posts. This blog is made available and operated by Jackson Lewis P.C. for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis P.C. and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances.

In addition, the resource material for our blog posts is varied, and includes government publications, complaints filed and decisions issued, as well as various reports from the media. These materials may include allegations or facts determined after resolving the credibility of witnesses. In reporting on these matters, the Firm takes no position on the truth or falsity of the allegations or the appropriateness of those credibility determinations.

Finally, Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.