Electronically stored information, electronic communications, and electronic data are becoming significant factors as more businesses use technology in their day-to-day operations and activities, and identifying, preserving, collecting, reviewing and producing massive amounts of electronically stored information have exposed businesses to new legal risks and costs for which there is little to no established case law.  Because of the recent amendments to the Federal Rules of Civil Procedure and the decisions of various state and federal judges addressing the duties to preserve, disclose and produce electronically stored information, electronic discovery, or the discovery of such electronically stored information, has become a significant factor in most commercial litigation, and addressing the legal issues involving proper pre-litigation storage and management of electronic records and information is now an essential part of corporate compliance and governance. Eckert Seamans attorneys represent clients regarding e-discovery and information management issues in litigation and pre-litigation matters.  We counsel clients on risk management; develop, refine and help to implement sound record retention policies and document and information management plans; offer training programs; recommend automated protections; and advise clients regarding e-discovery and record management contracts. 

The E-Discovery and Information Management attorneys at Eckert Seamans provide advice and counsel clients by reviewing existing document and information management plans, including the evaluation and implementation of litigation hold policies and procedures, before litigation begins so that when litigation does come, the electronically stored information can be identified, properly preserved and produced without undue delay, effort and expense. 

Representative cases include:

• Representing an industry consortium of manufacturers of welding material in connection with production of electronically stored information in numerous state and federal multidistrict litigation.
• Representing a national courier company in connection with the production of electronically stored information in various class actions commenced by independent delivery personnel.
• Representing a multi-national chemical and pharmaceutical company in connection with discovery of both hard copy and electronically stored information in multi-jurisdictional mass tort litigation.