Electronic Discovery

The efficient collection, analysis and organization of data is often the key to overcoming judicial scrutiny and costly litigation. Bressler’s Litigation team is uniquely qualified not only in assisting clients to develop best practices pertaining to electronically stored information (ESI), but also in managing all aspects of the e-discovery process. We partner with our clients to provide tailored, cost-effective solutions that ensure compliance with e-discovery obligations.

Our attorneys have experience in dealing with e-discovery issues in a number of different areas, including securities litigation and regulation and complex commercial matters. Our team consistently demonstrates tangible results when advising on the:

  • Development of best practices, litigation hold directives, measures to avoid spoliation and sanctions
  • Development of effective and legally defensible records retention policies
  • Review of existing company practices, litigation hold and data retention policies to assess compliance with current legal standards
  • Creation of protocols for auditing compliance and best practices in litigation holds
  • Analysis of key decisional law
  • Various forms of social media and its expanded use in the workplace
  • Scope of e-discovery demands and cost-shifting strategies
  • Creation of search terms to reduce the scope of document review and production
  • Implementation of discovery protocols that consistently identify, preserve and cull potentially relevant ESI
  • Aspects of the data collection process, from identification to production, from small matters to large volumes of electronic data
  • Review of documents for relevance and privilege
  • Management of off-site document analysis projects
  • Selection and management of outside vendors and, when necessary, to process large volumes of e-discovery in a timely and cost-effective manner

We work closely with our clients to control burgeoning discovery costs while following appropriate e-discovery protocols. The costs and risks associated with electronic discovery have increased exponentially in recent years in nearly all commercial litigation, securities arbitrations and governmental investigations. The continuing evolution of the legal standards applicable to electronic discovery, as well as the emergence of new information and privacy laws both nationally and around the globe, have created demanding obligations for both small and large businesses alike. Our attorneys understand what needs to be done at the onset of a claim; we know what strategies work and how to apply them to both large and small scale claims.

Several of our practice group members are actively involved in various professional organizations focusing on issues of electronic discovery and information law, including the Sedona Conference. Our breadth of experience enables us to provide solutions that effectively meet and exceed our clients' needs.