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E-Discovery/E-Document Management

As we move into the 21st Century, there are many opposing counsel that seek to extort exorbitant sums of money from businesses based on alleged E-discovery mismanagement.

At Williams Kastner, we provide our clients with immediate, practical and proactive solutions for Electronically Stored Information (“ESI”) and E-discovery issues without disrupting their day-to-day business operations.

Our solutions ensure that our clients can quickly and cost-effectively meet compliance and regulatory obligations as well as respond to ESI discovery requests.

Capabilities

  • Consultations to create, or enhance, ESI management systems, protocols and quality assurance to ensure appropriate management, preservation and production, where necessary, of ESI
  • Formulation of document retention policies, e-mail, v-mail and internet usage protocols, as well as off-site/“at-home” and mobile office use policies
  • Guidance on pre-litigation/pre-investigation strategies to minimize the disruption and burden of ESI production requests
  • Assistance in all aspects of management, preservation, collection, storage, review and production of ESI
    • Draft, implement, monitor and audit legal holds
    • Data-mapping
    • Data forensics
    • Design and develop search criteria and quality assurance protocols to identify relevant ESI
    • Implement ESI objective/subjective coding and indexing protocols
    • Manage and quality assure document review, analysis, and production
    • Hosting client’s relevant legal action documents on secure extranet
  • Digital foot-printing
    • Internet investigations:
      • Background
      • Credentials
      • Employment history
      • Criminal record
      • Political contributions
      • Financial
      • Professional licenses
    • Assistance with compliance and auditing of company ESI policies
    • Education and Training for employees, managers, and in-house and outside counsel

Experience:

Our ESI specialist attorneys have years of experience with ESI and substantive areas of law including mass torts, complex litigation, class actions, product liability, pharmaceuticals, toxic torts, labor & employment, commercial litigation, corporate law. In addition our attorneys have vast experience as national coordinating counsel and in crisis management and media relations.  The fusion of our expertise along with our practical approach to our clients’ business needs set us apart from our from our competitors.

Articles:

Providing Competent Representation in the Digital Age, 74 Def. Couns. J. 261 (July 2007).

Are You Competent?  Providing Representation in the Digital Age, Tech. & Legislative, Judicial and Gov’t Affairs Newsl., (Int’l Ass’n Def. Couns., Chicago, IL), May 2007.

Protecting Against Waiver of Attorney-Client Privilege or Work-Product Protection Due to Inadvertent Disclosure, Washington State Bar News, June 2007 at 12.

Are You Prepared for Litigation Under the New E-Discovery Amendments to the Federal Rules of Civil Procedure?, Tech. Newsl. (Int’l Ass’n Def. Couns., Chicago, IL), Feb. 2007.

Don’t Let the Terabyte You: New E-Discovery Amendments to the Federal Rules of Civil Procedures, 73 Def. Couns. J. 324 (Oct. 2006).

Seminars:

“Cutting-edge Techniques and Best Practices for Navigating the Minefield of E-Discovery,” IADC regional meeting, Munich, Germany, September 27, 2007.

“Inadvertent Disclosure of Electronic Information,” The Rules of Professional Conduct:  A Year Later, Washington State Bar Association, Seattle, WA,  September 24, 2007.

“Current Issues with Attorney-Client Privilege/Attorney Work Product,” Dare to Discover: How to Employ and Respond to Discovery Tactics, Washington State Bar Association, Seattle, WA, April 5, 2007.

“Electronic Document Retention:  How to Prepare Your Organization,” presented to Fortune Global 500 company, December 2006.

“The Ethics of E-Discovery; Privileged Communications, Stripping the Metadata & the Impact on the Defense Practice,” E-Discovery for Defense Attorneys, Washington Defense Trial Lawyers, Seattle, WA, November 2, 2006.

Associations:

E-Discovery Task Force Member, Bob Manlowe, Lawyers for Civil Justice (“LCJ”), Washington D.C.

E-Discovery/E-Management Alerts:

Our attorneys track recent developments in electronic discovery and electronic document management in our “E-Discovery/E-Management Alert” e-newsletter.

Attorneys in this Practice