Some reports estimate that 90% of all business records are created electronically, yet fewer than 30% of these are ever printed to paper. Knowing the rules that apply to the exchange of electronically stored information (ESI) has never been more critical to the success of litigation, especially since the electronic discovery amendments to the Federal Rules of Civil Procedure and various state counterparts took place in 2006. Attorneys today must not only understand the complexities of the civil rules but also comprehend corporate IT infrastructure, backup protocols, and database creation and storage, along with a multitude of word processing, spreadsheet and e-mail applications.
As a firm of trial lawyers, we continually face admissibility challenges posed by electronic evidence. We understand that the core purpose of all discovery is to identify and exchange the evidence that is critical to telling your story in a meaningful way during a trial; the last thing any case needs is to be bogged down in discovery about the discovery.
Helping our clients save time and money
By having an intimate knowledge of the applicable state and federal e-discovery rules, we can provide cost-effective (and time-saving) advice, while removing gamesmanship throughout the litigation lifecycle. At Goldberg Segalla, we always keep our clients’ bottom line in mind. Here are just a few ways we respect your budget:
- Taking steps early in litigation to avoid sanctions
- Developing creative ways to review documents
- Cooperating with opponents in setting up joint document repositories
- Limiting the scope of discovery during a Rule 26(f) Meet and Confer conference
- Using Federal Rules of Evidence Rule 502 and Federal Rules of Civil Procedure Rule 16 orders to protect the attorney-client privilege during e-discovery
- Negotiating reductions in the scope of a legal hold
- Reducing the scope of ESI relevant to a matter
- Effectively using state-of-the-art analytical programs to help reduce the volume of relevant data
- Selecting the most cost-effective vendor for the collection and production of ESI
Our e-discovery credentials
Members of the firm have a national reputation in the area of e-discovery. For example, practice group chair John Jablonski is an author and frequent presenter to national audiences on electronic discovery topics. He is currently the vice chair of DRI’s Annual E-Discovery Seminar, chairman of USLAW NETWORK’s Electronic Discovery Practice Group (a network of 3,500 attorneys) and chairman of the National Association of Railroad Trial Counsel’s E-Discovery Committee.
At Goldberg Segalla, one factor that distinguishes us from other e-discovery lawyers is our trial experience. We have the knowledge gained from thousands of trials, discovery motions and discovery disputes to develop litigation readiness plans that work – which translates into real savings for our clients.
Our e-discovery philosophy
Most reported e-discovery sanctions result from the failure to adequately preserve electronic evidence, typically following an event that triggers an organization’s duty to preserve relevant evidence. We partner with e-discovery vendors that can provide forensic collection of electronically stored information, including imaging hard drives and network drives. Our e-discovery partners frequently establish secure online repositories to facilitate single-point collection and analysis of ESI from around the world. Similarly, we can arrange for review and analysis to be performed by teams of corporate and/or outside counsel at secure review stations, which are set up anywhere that access to the Internet exists. We have conducted reviews using vendors, contract attorneys, associates and other members of our team, depending on the experience needed.
Our e-discovery support goal is to identify the requirements of your project at the onset, and then work with your information technology staff and available litigation support services. Together, we will focus on developing a solution that will permit relevant materials to be identified, preserved, collected, catalogued in a database, analyzed for defense purposes and applicable privileges, produced as required by litigation and ultimately selected for use in your defense at depositions and trial.
- Pre-litigation planning
- Litigation support, including:
- Issue coding
- Deposition and trial preparation
- Medical literature repositories
- Medical literature reviews
- Trial support
- Trial presentations
- Appeal brief support
- Backup tape analysis
- Data mapping
- Identification of 30(b)(6) IT witnesses
- Taking and defending 30(b)(6) depositions
- Developing meet-and-confer strategies and procedures
- Meet-and-confer negotiations
- Developing attorney-client privilege protection plans
- Rule 16 orders
- Negotiating preservation agreements and orders
- Forensic analysis
- Preservation, collection, analysis and production
- Privilege review, including detailed privilege logs
- Issue coding and relevancy review
- Repositories in support of pattern litigation
- Consulting in support of non-Goldberg Segalla trial teams
- Counsel to corporate legal departments
- CLE provider to in-house legal departments
- “Duty to disclose” and scope of discovery counseling
- Litigation readiness counseling
- Coordinating e-discovery with IT personnel, in-house counsel, e-discovery vendors and outside co-counsel