eDiscovery

Scarinci Hollenbeck counsels institutional clients in understanding and complying with laws, court rules, and common law obligations that govern information management in the context of a lawsuit and corporate compliance in a manner that not only addresses their legal obligation, but also the practical business considerations that allow for a business to continue to operate unimpeded by what can be seemingly daunting obligations.

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Our Approach

Federal and state judiciaries have amended their respective court rules to impose significant obligations on attorneys, corporate and individual clients, and parties to a lawsuit regarding electronically stored information (commonly referred to as “ESI” or “eDiscovery”). The impact of these rules and obligations goes far beyond the lawyers and parties who are involved in a lawsuit, and requires input and compliance from various departments, including HR, IT, Risk Management, and Legal, of any business. Recent court decisions have imposed heavy sanctions on businesses that were unable to respond effectively to discovery requests. Although these amendments place new obligations on companies, a recent survey found that only 7% of corporate attorneys consider their companies prepared for the court rules that govern eDiscovery.

Our Response to Electronic Discovery & Information (REDI) Group assists clients in understanding and complying with laws, court rules, and common law obligations that govern information management in the context of a lawsuit in a manner that not only addresses the legal obligation, but also the practical business considerations that allow for a business to continue to operate unimpeded by what can be seemingly daunting obligations. The identification, preservation, collection, review, and production of massive amounts of ESI have introduced litigation risks and costs previously unknown. REDI is dedicated to providing counsel to address the proliferation of information technology that has made it difficult for a company to know what information is within its control, and how to manage that information to reduce litigation risk and comply with various laws.