Information control for sensitive situations.
What, where and when? We can tell you.
The filing cabinet of yesterday has undergone a transformation. Today, businesses create and store almost every important bit of information electronically. If you don't know how or where (or when) to preserve, access or disclose this information, you and your business could suffer significant consequences. The obligation to control your electronically stored information (ESI) comes into play any time your company reasonably could be involved in litigation, whether as a plaintiff or defendant.
The risks are real.
ESI mismanagement can result in negative outcomes, including court-imposed sanctions. In one example, a spoliation order against a national brokerage firm led to a verdict for $1.58 billion, including punitive damages. In another case, a corporate plaintiff suffered a reversal of a $100 million award for its failure to locate and produce emails in a timely manner. And in another case, a major tobacco company was ordered to pay $2.5 million in sanctions and was prevented from calling 11 witnesses in a federal trial.
Immediate response is critical.
Regardless of business model, every organization should have an ESI management plan in place as a matter of course. Courts expect involved parties to collaborate on ESI discovery shortly after litigation begins. Some decisions are irreversible. Ignoring or minimizing the need to consider carefully what constitutes reasonable preservation of ESI can lead to an adverse outcome. A lack of planning can easily result in unnecessary costs and a failure to meet ESI obligations.
How we make it work:
Buchanan Ingersoll & Rooney's E-Discovery Team helps companies avoid adverse outcomes by advising clients on their potential e-discovery obligations even before they are a party to suit or receive a subpoena. We understand the federal, state and local laws in this area and make sure you operate within them. We help you devise strategies for requesting and responding to requests for ESI, and we understand the issues regarding data collection—including cost, selection and engagement of vendors, strategies for identifying relevant client data and technology terms and concepts. Our group excels at staying current on recent court decisions regarding the use of search terms, spoliation, and other rulings regarding ESI.
Our firm employs a collaborative workstyle, which means that attorneys and other professionals from many practices within the firm regularly work together to address clients' issues. Our combined knowledge and insight ensure that our clients can do business with confidence.
Don't panic. Prepare.
Our team is particularly adept at training clients on business and litigation issues related to e-discovery. We counsel clients on a how to plan for ESI requests before litigation is anticipated, threatened or pending. We help you develop and implement written policies before litigation arises—which saves business resources and avoids the "fire drill" response. Of course, once litigation is threatened or filed, we're ready to help you manage all offensive and defensive aspects of e-discovery.