E-Discovery

Companies across all industries face increased scrutiny and potentially devastating legal and financial liability in connection with their management, use and disclosure of electronic data. Our firm’s E-Discovery Practice Group consists of a team of knowledgeable and tech-savvy attorneys who work to alleviate concerns our clients may have about their duties and obligations regarding this rapidly changing field.

Our experienced attorneys guide clients through this technological landscape by devising and implementing sound data management and security practices that minimize the risk of liability in the event of litigation. Our attorneys also provide a broad range of advisory and counseling services and online resources that ensure our clients’ compliance with new e-discovery rules. This practice group is interdisciplinary, addressing critical areas of concern affected by quickly evolving rules regarding data management, privacy and security. Our attorneys:

• Review data storage systems in preparation for e-discovery audits
• Draft information management policies
• Provide client access to our e-discovery portal which contains essential forms, case information and regulations pertaining to electronic data and e-discovery
• Partner with data production, document management, file recovery and other technology solution providers
• Work with leading providers to modify or develop software packages to meet e-discovery rules requirements
• Recommend vendors to improve productivity, responsiveness and cost efficiency
• Offer clients the services of Our firm subsidiary, which provides Web-based matter management tools; customized, secure and sharable content portals; and other technology-driven litigation support systems
• Advise clients on the litigation consequences of implementing new technologies
• Set up processes for the review and production of documents for litigation
• Coordinate litigation and discovery strategies
• Manage discovery conferences with opposing counsel
• Work with in-house information technology team liaisons and committees
• Oversee all aspects of data production from numerous software applications
• Train in-house lawyers and staff on e-discovery issues, pitfalls, rules and best practices
• Develop e-discovery contingency plans to put our clients in best position to effectively manage e-discovery demands

In addition to electronic discovery services, our E-Discovery Practice Group attorneys also offer clients counseling in the following areas:

• Sarbanes-Oxley
• Offshore data services vendor compliance and international data management
• Employment and labor law
• Identity theft protection laws and privacy protection
• Domestic and international Homeland Security, environmental, health and safety, food and drug and other regulatory requirements

Our firm attorneys are recognized leaders in this cutting-edge area of the law. We have authored articles and presented on topics ranging from the dangers inherent in instant messaging to electronic document preservation, and federal e-discovery rules to international privacy conflicts.

Electronic Document Management and Litigation Discovery

Our firm’s legal and advisory services assist clients in crafting appropriate policies and procedures so that they can prepare themselves, long before lawsuits arise, to quickly and easily comply with litigation discovery orders. We help our clients implement search and retrieval and discovery processes that provide a competitive edge in the earliest stages of litigation because, with our assistance, they have a detailed understanding of the applicable electronic discovery obligations and can enforce them against opponents.

E-Discovery Portal

Our firm provides clients with an e-discovery portal that houses essential forms, cases, statutes, regulations, rules and articles relevant to the handling of physical and electronic data. Using web-based collaboration technology provided by Our firm subsidiary, the portal offers our clients and attorneys direct access to the practical, up-to-date information they need to avoid and, where necessary, prepare for and efficiently manage litigation.

Sarbanes-Oxley

As Sarbanes-Oxley makes corporate compliance more challenging, Our firm helps clients avoid the pitfalls involved in the management of physical and electronic documents for audit purposes and for quarterly and/or annual chief executive representations about company performance. Our policy review, advice and drafting services ensure that our clients have in place the recordkeeping and data retention and protection procedures necessary to stay well within Sarbanes-Oxley’s stringent requirements.

HIPAA (Health Insurance Portability & Accountability Act)

Our attorneys work closely with interdisciplinary work groups to bring organizations into full HIPAA compliance by assessing gaps in current privacy and security procedures, preparing a comprehensive, tailored compliance plan and training client personnel. In the context of client working groups, we draft protocols for accessing and storing electronic medical records, ensure the physical and electronic security of healthcare information and transactions, incorporate HIPAA training into existing company programs, and develop curricula tailored to specific employment categories.

Offshore Data Services Vendor Compliance and International Data Management

Increasing globalization of business requires comprehensive knowledge of the regional directives and local enabling laws concerning data management, transmission outside the host country and disclosure. Procedures and policies in these areas, and data protection agreements commensurate with norms in Europe, Asia and Latin America, can assist clients in navigating the maze of often-conflicting international data protection and preservation norms.

Employment and Labor Law

Utilizing their significant advisory and litigation experience, Our firm attorneys counsel clients as how to best leverage their own human resources and legal professionals in the implementation of practicable policies to manage and secure sensitive employee information. Our advance-planning strategies, policy review services and drafting skills also help clients implement risk management protocols to minimize litigation risks and commensurate costs. We help clients develop procedures for responding to employment disputes, which enable them quickly to comply with all electronic discovery orders.  Our proven experience in employment counseling and litigation significantly boosts clients’ chances of prevailing in litigation.

Identity Theft Protection Laws and Privacy Protection

Our attorneys’ understanding of state and federal identity theft and privacy protection laws – and our watchdog approach to pending legislation – mean clients should not be caught off guard. From policy review and drafting to training and, where necessary, trial representations, our services allow clients to remain confident that confidential data, whether about employees or customers, stays secure and that legal liability remains firmly at a distance.

Domestic and International Homeland Security, Environmental, Health and Safety, Food and Drug and Other Regulatory Requirements

We endeavor to ensure that all other applicable domestic and international regulatory requirements, including Homeland Security, Food and Drug, and environmental health and safety, are factored into corporate record retention programs. To that end, Our firm attorneys monitor ever-changing regulatory and statutory requirements to keep our clients current and audit client data management systems to ensure compliance and anticipate potential liabilities, loss contingencies and business interruption.