There can be little doubt of the “new reality” of modern litigation as reflected by the amended Federal and Ohio Rules of Civil Procedure. The discovery process has been greatly affected by the huge volume and complexity of information now being retained by virtually every corporate and institutional party today. Organizations must also grapple with the ever increasing variety of communication options available to their staff, including email, blogging, instant messaging, text messaging, and social media. These same issues impact internal investigations outside of the litigation context.

The reported cases chronicle a myriad of ill-advised approaches that have led to wasted resources and, in some cases, expensive sanctions. For example, some organizations have chosen to “fight the last war,” pretending that electronic records and paper records require no difference in approach and ignoring the new rights and obligations created under the civil rules. Others seem to cast about in a panicked, disorganized fashion after failing to take steps early on to build their case for the burdensomeness of their opponent’s requests. 

The Bricker & Eckler E-Discovery & Compliance Practice provides practical, cost-effective, and defensible advice to our clients. Our advantage is our intimate knowledge of this evolving area of law and the real-world technical expertise of attorneys and staff on our team. We help our clients develop procedures and manage discovery and investigations in a manner that satisfies their legal obligations while fully advancing their interests. Just as importantly, we know where the line of “reasonableness” is drawn, allowing our clients to avoid overly burdensome requests and compelling the cooperation of a stonewalling adversary. 

Our services include the following:

• Counseling clients on initial litigation response procedures, including preservation instructions to employees and preservation demands to the opposing party;
• Crafting and negotiating discovery protocols;
• Preparing discovery requests and processing produced data;
• Advising clients on cost-efficient methods for responding to discovery requests, including searching, culling, reviewing, redacting, and producing responsive information to discovery requests;
• Advising clients on propounding and responding to third-party subpoenas;
• Litigating discovery disputes and motions for sanctions;
• Counseling clients on “litigation readiness” projects designed to reduce cost and risk for future litigation; and
• Assisting clients in conducting internal investigations of employee and other company records.