On December 1, 2006, the Federal Rules of Civil Procedure were changed to reflect amendments specifically addressing discovery of "electronically stored information." The amendments were enacted to deal with the challenges and expense associated with discovery involving the large and increasing amount of information stored in electronic form. To assist our clients with these newly enacted e-discovery rules and the associated challenges, Baker & Daniels has added a specialty practice in the area of e-discovery and record retention. The firm's e-discovery lawyers and practice support professionals can assist clients in the following areas:
Pre-Litigation Discovery Risk Management
Baker & Daniels helps clients by reviewing current practices versus best practices to reduce litigation risk, as well as to gain control over costs and time spent managing discovery with proactive measures and guidance. To keep our clients organized and litigation ready, we routinely draft record retention policies and procedures, litigation response plans, including litigation hold procedures, and assist with policy implementation. We also review computer infrastructure and data storage to assess any risks associated with data preservation and collection.
Management of Discovery During Litigation
Once litigation is anticipated or filed, Baker & Daniels e-discovery professionals routinely help clients with discovery case management. We provide guidance and best practices for the retention, preservation, collection, review and production of relevant documents and electronically stored information as required by the newly amended Federal Rules of Civil Procedure and the ever-changing case law in the area of e-discovery.
Acting as National E-Discovery Counsel
As National E-Discovery Counsel, Baker & Daniels can oversee and coordinate our client's efforts in the area of e-discovery and to support our client's local trial counsel in individual cases. In this capacity, Baker & Daniels' e-discovery professionals can:
- Develop legally defensible record retention/destruction and litigation hold policies and procedures;
- Develop effective and consistent document production policies and procedures;
- Assist local counsel in e-discovery negotiations with opposing counsel and in court conferences on e-discovery
- Prepare initial disclosures and respond to e-discovery interrogatories, request for production, request for admissions or request for inspections
- Draft and argue motions to compel or motions for protective orders
- Defend depositions of record custodians, IT professionals and other company personnel regarding e-discovery issues
- Provide training to company personnel on e-discovery and record retention
- Recommend and manage relationships with outside vendors
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