Electronically Stored Information: Litigation and Compliance
Electronically stored information (ESI) is a critical aspect of modern business and litigation, making it important that, prior to litigation, companies develop policies and protocols for managing ESI. When litigation is reasonably anticipated, businesses must manage potentially responsive ESI properly.
RWL: ESI Experience
To help businesses develop proactive and reactive legal strategies for handling ESI, Rifkin Weiner Livingston LLC (RWL) has created a new Electronically Stored Information: Litigation and Compliance practice. We have handled ESI matters in the state and federal courts.
The practice chair, Mike Berman, has lectured and written extensively on ESI. He is an editor of, and contributor to, two leading books on ESI, “Perspectives on Predictive Coding and Other Advanced Search Methods for the Legal Practitioner” (ABA 2016), and “Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), as well as co-author of several law review articles on topics including preservation, proportionality, cooperation, spoliation and protection of the attorney-client privilege.
Our ESI services include:
- Advice on pre-litigation and business-planning issues
- Advice on recognizing the need for and implementing a litigation hold, including preservation, collection, processing, hosting, and searching ESI
- Mediation services
Pre-litigation and Business-planning Issues
An information technology system is one of a business’s most important assets. Decisions made when litigation is not anticipated may have far-ranging consequences. Inadequate computer usage and records information management policies may expose businesses to liability or increased costs. Poor metadata management policies may result in inadvertent disclosure of confidential information.
Litigation Holds: Implementation and Monitoring
Businesses need to recognize when they must impose a litigation hold and how to implement and monitor that process. When appropriate to do so, businesses need to know how to prepare their ESI for litigation. For example, a preservation or search methodology that works in ordinary business may be wholly inadequate in the pre-litigation or litigation context. Our experienced legal advice can help you determine if a litigation hold is needed, and guide its implementation, including preservation, collection, processing, hosting, and searching ESI.
Mike Berman has completed the forty-hour mediation program sponsored by the Center for Alternative Dispute Resolution and the MSBA’s Effective Mediation of Commercial, Insurance, and Other Multi-Issue Disputes program. He privately mediates ESI disputes.