News & Articles

Handling E-Discovery

Published on September 28, 2012

By James M. Shaker

Preserve immediately, and afterwards, preserve often

  • Send out a litigation hold immediately when a lawsuit is filed or you have a reasonable expectation that matter will turn into litigation
  • Tailor litigation hold to the case, both in its language and recipients; consider creating multiple versions
  • Confirm receipt of the litigation hold in writing
  • Monitor and update recipients on an ongoing basis
  • Expand litigation hold as new topics/people are discovered
  • Expect that a judge/opposing counsel will see the efforts you make to preserve data

Do not let the tail of e-discovery wag the dog of the case

  • Consider proportionality of case to volume of e-discovery
  • Budget, budget, budget
  • Pick your discovery fights
  • Be proactive
  • Do not procrastinate and end up on the defensive

Do your part to make e-discovery a less burdensome, time-consuming, and expensive process

  • Insist upon cooperation between parties whenever possible
  • Set tone of how case will be handled both inside and outside the company
  • Get the right people on the job – IT experts where necessary, not just lawyers
  • Be mindful that defendants may be perceived as “giants” and held to higher standards

James M. Shaker is a Member in Ryan, Swanson & Cleveland, PLLC’s Employment Rights, Benefits & Labor Group. For more information, please contact Jim at 206.654.2261 or [email protected]

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