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Electronically stored information, electronic communications, and electronic
data are becoming significant factors as more businesses use technology in their
day-to-day operations and activities, and identifying, preserving, collecting,
reviewing and producing massive amounts of electronically stored information
have exposed businesses to new legal risks and costs for which there is little
to no established case law. Because of the recent amendments to the
Federal Rules of Civil Procedure and the decisions of various state and federal
judges addressing the duties to preserve, disclose and produce electronically
stored information, electronic discovery, or the discovery of such
electronically stored information, has become a significant factor in most
commercial litigation, and addressing the legal issues involving proper
pre-litigation storage and management of electronic records and information is
now an essential part of corporate compliance and governance.
Eckert Seamans attorneys represent clients regarding e-discovery and
information management issues in litigation and pre-litigation matters. We
counsel clients on risk management; develop, refine and help to implement sound
record retention policies and document and information management plans; offer
training programs; recommend automated protections; and advise clients regarding
e-discovery and record management contracts.
The E-Discovery and Information Management attorneys at Eckert Seamans
provide advice and counsel clients by reviewing existing document and
information management plans, including the evaluation and implementation of
litigation hold policies and procedures, before litigation begins so that when
litigation does come, the electronically stored information can be identified,
properly preserved and produced without undue delay, effort and expense.
Representative cases include:
- Representing an industry consortium of manufacturers of welding material in
connection with production of electronically stored information in numerous
state and federal multidistrict litigation.
- Representing a national courier company in connection with the production of
electronically stored information in various class actions commenced by
independent delivery personnel.
- Representing a multi-national chemical and pharmaceutical company in
connection with discovery of both hard copy and electronically stored
information in multi-jurisdictional mass tort litigation.
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