E-Discovery

Overview

The explosion of both the volume and form of electronic data has made every business, including law firms, susceptible to the perils of mishandling the E-Discovery process. Multi-million dollar sanctions against outside counsel and clients are becoming more frequent as judges become more frustrated with the lack of preparedness for and proper handling of E-Discovery requests and responsibilities. Malpractice claims against firms are also becoming more commonplace as clients blame their firms for mis-handling this complex and often costly exercise.

Avoiding sanctions, particularly those relating to spoliation, begins with strategic and proactive planning for the inevitability of an E-Discovery request and continues throughout the implementation of a litigation hold to the location, collection, preservation, review, processing and production of discoverable and non-privileged electronic data. Gordon & Rees's E-Discovery Practice helps clients navigate this complex and rapidly evolving arena of risk, not only to avoid sanctions, but also to help clients create daily operating procedures and streamline process efficiencies that directly reduce the time and costs involved in E-Discovery.

Gordon & Rees provides clients with the collective benefit of the firm's more than 350 national litigators who have best practices knowledge of E-Discovery related regulations and case law at the federal level and in more than 35 state jurisdictions. The firm is recognized as a "Go-To Law Firm" for Litigation in Corporate Counsel's 2011 edition of "In-House Law Departments at the Top 500 Companies." In addition, the Co-Chairs of the firm's E-Discovery Practice have published numerous articles on Electronically Stored Information (ESI) and E-Discovery, including serving as a Vice-Chair of the E-Discovery Task Force Committee of the Federation of Defense and Corporate Counsel and co-authoring the Committee's "E-Discovery Survival Manual."

Scope of Services

Gordon & Rees's E-Discovery Practice focuses on providing clients with high-level, value-added strategic advice and counsel that is needed to prepare, manage and implement E-Discovery protocols, combined with the ability to leverage cost-effective relationships with information technology and litigation support providers. We regularly assess clients' readiness for E-Discovery requests and assist during litigation with the evaluation and management of an integrated network of vendors providing technology support, records management, and document review, production and processing services.

Gordon & Rees has a track record of helping clients efficiently and cost-effectively handle national and international E-Discovery for single-party/single-jurisdiction cases as well as multi-party/multi-jurisdiction class actions. Our E-Discovery experience includes litigated disputes involving insurance, employment, product liability, securities, financial services, and government investigations, among others. Gordon & Rees E-Discovery Practice attorneys address all E-Discovery issues, including the following.

• Records Management: advice and counsel on a wide range of potential issues and liabilities relating to the creation, retention, destruction, production and disaster recovery of electronic information
• E-Discovery Readiness: assessment and guidance on best practice plans and procedures to secure a client's readiness to efficiently and cost-effectively respond to E-Discovery requests in both private litigation and regulatory investigations, including assisting with E-Discovery requests requiring immediate response
• Internal Compliance: identify a client's general and industry-specific E-Discovery legal and regulatory obligations, develop tailored compliance and audit/fire drill programs, and provide risk management training and enforcement education to employees

E-Discovery Counsel

Gordon & Rees frequently serves as a client's primary E-Discovery Counsel, advising on a comprehensive range of both strategic and tactical matters including the following.

• Establish a national E-Discovery strategy and accompanying outside counsel guidelines for mass tort actions
• Manage E-Discovery in ongoing litigation
• Prepare E-Discovery witnesses
• Defend and pursue E-Discovery sanctions and preservation orders
• Assess a client's E-Discovery readiness
• Evaluate and select E-Discovery vendors
• Review and update all aspects of a client's overall information management program including records preservation policies, litigation hold protocols, and data governance procedures
• Help clients transition E-Discovery from a crisis management responsibility to becoming an integral part of a client's daily operational infrastructure and productive business processes

Gordon & Rees's E-Discovery Practice lawyers have three primary goals in mind when serving clients: help clients understand their E-Discovery obligations, reduce business and legal risks associated with ESI, and efficiently and cost-effectively comply with legal and regulatory requirements involved in private litigation and government investigations. Gordon & Rees lawyers have the practical knowledge, courtroom experience and legal acumen required to deliver best-in-class E-Discovery services to clients of all sizes in all industries and professions.