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Electronic Discovery & Data Management
With the explosive growth of electronically stored information (ESI) and the new federal civil procedure rules on electronic discovery, companies of all sizes face new challenges and increasing obligations with respect to ESI management. These include not only technical and administrative challenges, but also legal and regulatory requirements that complicate ESI management and, more importantly, increase the hazards and liabilities associated with mismanagement of ESI.
To help clients successfully meet these challenges, Troutman Sanders’ Electronic Discovery and Data Management Team combines experienced attorneys from multiple practice areas with paralegals and technology specialists to provide highly effective strategies for managing all of our clients’ ESI issues. With a breadth of legal experience, a broad-based knowledge of applicable technological tools and applications, and strategic relationships with top-tier outside vendors, this multi-disciplinary team creates and implements ESI management plans that are customized to the needs of each client and case.
Our team works to help clients achieve efficient and cost-effective management of ESI in all stages – from organization and maintenance of ESI before litigation arises; through the collection, review, and/or production of ESI after litigation begins; and to the effective presentation of ESI at hearings and trial. Most importantly, the team works collaboratively with clients to minimize disruption to the client’s business operations, provide constant client communication, and ensure that the ESI plan meets the client’s needs and satisfies their legal obligations. The services provided by Troutman Sanders’ Electronic Discovery and Data Management Team include the following:
- review, audit and consult on clients’ ESI issues, policies and procedures, including, document retention policies, document destruction procedures, and litigation hold processes and procedures;
- pre-litigation consulting for compliance with ever-changing legal and regulatory obligations for ESI preservation, storage, retention, and collection policies and procedures, and to maximize readiness for litigation;
- review, audit and consult on ESI discovery in litigation and related ESI preservation, retention, collection and production issues, including the use and selection of preferred vendors of software and hardware applications, the negotiation of contracts and licenses with outside vendors; and the use and selection of case-appropriate ESI management tools;
- creation and implementation of customized ESI litigation discovery plans, and management of the ESI discovery process, from beginning to end, for cases of all sizes, including strategic planning and use of technology for reducing review of duplicative and irrelevant ESI, the use of accepted collection procedures to prevent the inadvertent alteration or destruction of ESI, and the application of case-appropriate ESI management tools for cost-effective ESI collection and production;
- creation and use of ESI repositories for collaboration with co-counsel and efficient management of ESI in repeat or related litigation;
- consult with client to understand their IT infrastructure, retention policies, collection procedures, and related ESI management issues in order to ensure compliance with Federal Rules and to more efficiently prepare for litigation and discovery, including preparation of client witnesses for depositions related to Information Technology and ESI issues.
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