Team Skills & Experience Brief:
- Proficient in the mapping of Electronically Stored Information (“ESI”) data and sources.
- Proficient in the creation of ESI retention and destruction policies and procedures.
- Experienced in all facets of litigation holds and evidence preservation.
- Experienced as national coordinating counsel with regard to ESI issues.
- Offers onsite e-discovery education and training programs for clients.
Electronic Discovery Team
GWB’s E-Discovery Team, led by Chris Kelly, has a broad range of experience in e-discovery matters ranging from issues which arise in pre-litigation to those that develop during litigation. Team members serve as designated national counsel for the locomotive video evidence preservation programs for two national Class I railroads. GWB takes a proactive approach to assist businesses in creating document and ESI retention, preservation and auditing policies and is proactive in handling e-discovery issues expected to arise or which arise in the context of litigation in an effort to avoid costly discovery disputes. These proactive efforts are often related to the following:
- Pre-Litigation system mapping and evidence source identification;
- Retention and destruction policies, schedules and procedures; and
- Litigation strategy including implementation and coordination of litigation holds, motions, practice, and coordination of discovery in different jurisdictions.
The team is experienced in the implementation and auditing of litigation holds in complex cases, including class actions. Once litigation begins, the Team assists businesses in identifying, preserving, collecting, storing, reviewing and producing ESI.
The team also provides guidance on strategies to minimize business interruption and to reduce risk as well as the burden of ESI production requests. The team regularly provides the following to its clients:
- Education and training for employees at all levels to ensure compliance with company policy and applicable laws.
- Advise, staff, and represent at all stages of the e-discovery process.
- Legal strategy and advice, template briefs and national coordination related to e-discovery related motions and disputes.
- Development and implementation of quality control and privilege processes and procedures.
Available Client Education and Training CEUs
The Electronic Discovery Team routinely provides education, training, and CEUs in the form of in-house presentations and seminars for clients. These CEUs often deal with recent and developing trends in the ESI law and legislation, but can also be tailored to address the specific needs and concerns of the client in question.
Contrasting Developments in the Law Related to Electronic Discovery: The Burden of Demonstrating Prejudice Due to Spoliation
After the Zubulake1 decision, the law governing electronic discovery has not stood still and decisions are rendered every week which influence not only the law related to electronic discovery but the law of spoliation and discovery generally.
Spoliation: A Trap for the Unwary
Issuing sanctions for spoliation of evidence relevant to the issues in pending litigation is not new to our civil justice system. However, the number of claims of spoliation in litigation has risen dramatically in recent years with the increased use of electronic data and emails in the ordinary course of business.