e-Discovery

Creatively, efficiently, and cost-effectively assisting clients and law firms with all aspects of electronic discovery, information governance, cybersecurity, and litigation readiness and planning.

Electronically stored information (ESI) is the lifeblood of most businesses today. From cloud computing resources and data storage to emails and information governance, companies rely on electronic information to conduct, record, and drive their business transactions.

At the same time, courts are becoming increasingly stringent in their requirements to preserve and produce ESI during the discovery phase of litigation. Businesses must, therefore, carefully manage where and how electronic information is stored and establish information governance programs that position the company to readily and affordably comply with potential litigation discovery obligations, privacy obligations, and data security expectations.

If not properly controlled, e-discovery’s costs, burdens, and risks can overshadow the substantive issues involved in litigation or government investigations. Recognizing the overwhelming risks that come with the mismanagement of ESI, Farrell Fritz devotes a substantial amount of attention to assisting clients in all aspects of e-discovery.

Comprehensive, Cost-Effective Approach

Farrell Fritz offers clients an array of services, including litigation readiness planning and all aspects of e-discovery and information governance, as well as litigation support, including motion practice and trials.

Litigation Readiness

Companies often overlook the importance of putting proper procedures and protocols in place prior to becoming involved in a litigation and/or investigation. Farrell Fritz can work with clients to design response plans for litigation, government or regulatory investigations that are tailored to their business, records, and litigation needs.

Best Practice e-Discovery Protocols

There are ample cases involving sanctions and “adverse inference” instructions levied against companies and their counsel for failing to adequately preserve and produce potentially relevant ESI. Companies face dangers associated with both the over- and under-preservation of data. Realizing the expense and burden that is associated with e-discovery, our attorneys design client-specific “best practice” protocols to protect clients from these pitfalls. In cases where Farrell Fritz is not primary litigation counsel, attorneys with the firm can serve as special discovery counsel to assist other law firms and their clients in achieving quality, cost savings, and consistency in their discovery practices.

Our attorneys take a reasonable and targeted approach that ensures clients preserve sources of relevant information while minimizing costs and business interruption. We use industry-leading technologies provided through outside vendors along with internal resources to provide tailored, proportionate, and defensible preservation processes.

We counsel clients and their primary counsel on litigation-related issues such as:

• Developing defensible record retention and collection plans
• Processing, reviewing, and analyzing electronic and hard copy data
• Production of e-data
• Responding to written discovery and motion practice

Our depth of knowledge allows us to tailor our approach to the specific needs of each individual matter. We leverage our relationships with industry leading third-party e-discovery vendors to ensure our clients receive the most responsive, cost-effective, and productive e-discovery solutions. This customized approach results in increased efficiency and significant cost savings for our clients.

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