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E-Discovery

Your company's electronically stored information (ESI) should concern you as much as your revenue projections.

Trillions of e-mails are sent each year in the United States. The average employee sends and receives more than 135 e-mails per day. And that's simply the e-mails. Other sources of ESI include laptops, cell phones, voicemails, PDAs, internal hard drives, back-up tapes, databases, thumb drives, and CDs/DVDs.

According to Osterman Research, Inc.'s survey of 400 IT managers and organizations:

  • 1 in 3 organizations is not familiar at all with the requirements of the newly amended federal rules governing discovery of ESI;
  • More than half of the survey respondents admit that they are "not prepared" to meet the new requirements under the federal rules;
  • More than half of the organizations surveyed have not developed an e-discovery plan that has been prepared by counsel; and
  • E-discovery requests are so painful that dealing with the IRS was the only activity respondents found more unpleasant.

Our attorneys help prepare you to handle the incredible volume of ESI generated by your company. Working directly with you, we develop best practices and cost-effective policies for retaining and preserving your ESI. With rules and case law - both at the federal and state level - rapidly evolving, we advise you of recent changes and work with you to develop and implement policies regarding ESI prior to litigation and to effectively address issues associated with the discovery of ESI in the event of litigation.

As your counsel, we develop strategies that protect the interests of your company to help you manage the process as effectively and efficiently as possible. From preservation obligations to production of electronically stored information, our experienced attorneys help you respond to e-discovery requests or take appropriate action, while keeping in mind the burden of e-discovery in terms of both financial and staff resources.