The Carlton Fields e-discovery team closely monitors the latest legal developments related to electronically stored information (ESI) enabling us to help clients formulate cutting-edge strategies to address evolving discovery issues. We collaborate with our colleagues across substantive practice groups, working with clients prior to and at the start of litigation to increase the effectiveness and efficiency of discovery efforts, ensure compliance with applicable ESI discovery laws and rules, and reduce client exposure. Our corporate clients are leaders in a wide range of industries, including pharmaceutical, insurance, financial, and health care.
On their behalf, we regularly:
- Establish pre-litigation retention policies that cover both ESI and paper records
- Develop guidelines for preserving ESI and paper records, and responding to litigation holds
- Identify client personnel with the authority to issue litigation holds, as well as those best-suited to answer questions
- Ensure company compliance with its document retention policy
- Ensure the client’s IT personnel know how to deal with a litigation hold
- Assist in creating user-friendly data maps that show how ESI is kept and destroyed
- Identify and manage in-house e-discovery resources and outside e-discovery vendors
- Identify data that is not reasonably accessible, seeking out cost-shifting opportunities and selecting a usable production format
- Train client staff on ESI preservation matters