E-Discovery & Records Retention

Whether the case involves an individual or a large corporation with far-flung offices, the way information is stored, retrieved, and used in litigation has been forever changed. We carry vast amounts of data on hand-held devices and mobile phones; we move information from place to place with removable drives; our automobiles record information about us; we are more and more likely to create information that is never printed on a piece paper. It is stored in an electronic file and often exchanged by email. The hard copy business letter and memo has been largely replaced by the electronic. Our conversations are now recorded in email, in text messages, by twittering, on social networking sites, and are all too often stored on a hard drive not just as a retrievable file, but as unintentionally stored information that survives in a recoverable formant for years.

This change in how we keep information has not been lost on the courts. Litigants are required to know what electronic information they have, to take steps to preserve that information from destruction, and to produce it in litigation. The expense and burden of electronic discovery, when not properly prepared for, can become the single most expensive element of litigating a case. In fact, it can become so expensive that it is not economically feasible to pursue litigation.

Doerner, Saunders, Daniel & Anderson, L.L.P. has kept itself and its attorneys on the cutting edge of electronic discovery and records retention. We write, publish, and teach others what they need to know to stay abreast of this rapidly evolving area of the law. We have been involved in both national and local groups to help propose and promote electronic discovery standards.

Our clients' first needs are often in the area of document retention. Proper management of electronic discovery begins with pre-planning. We assist clients in development of information inventories, document management systems, and records retention policies.

When it appears that a claim may be made against a client, we also assist in making sure that information is properly preserved. This often involves developing a more specific inventory of information and assuring that employees are informed of their duties to assure that the inventoried information is not destroyed.

Finally, we have substantial experience in dealing with courts, experts, and other parties in developing reasonable and cost-efficient approaches to electronic discovery. No matter what the size of the case and no matter what the jurisdiction, we have the capability and expertise to guide clients through the confusing maze of electronic discovery.

Our E-Discovery practice area is headed by Tom Q. Ferguson. Mr. Ferguson has written papers and spoken at seminars on many e-discovery topics, including the following:

• Designing a Compliant Records Retention Policy
• Ensuring Your E-Discovery Procedures are in Compliance with the New Rules
• Ethics and E-Discovery
• Drafting Preservation Notices
• Meet and Confer Obligations under the Federal Rules
• Drafting Discovery Requests for Electronically Stored Information
• Recent Developments in E-Discovery
• E-discovery on a Budget: The Basics