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, RWL attorneys can guide clients through this process, including ESI matters in the state and federal courts.
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
Pre-Litigation and Business Planning Issues
An information technology system is one of a business’ 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 an ordinary business environment 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.