Electronic Data Discovery any process in which electronic data is sought, located, secured, and searched with the intent of using the data in a civil or criminal litigation.

This law firm can assist lawyers and companies with compliance with the revised Federal Rules of Civil Procedure, specifically:

• Rule 16, which establishes the procedure for both parties and the court to address -- early within the litigation process -- issues related to the disclosure and discovery of electronic information.
• Rule 26, which requires the parties to meet and confer about inadvertent waiver of privilege, preservation of evidence, and the form of production.  Since most evidence these days is in electronic form, being conversant with the various technologies is essential.  As the Hon. Judge Lee H. Rosenthal said, "Bring your geeks!"
• Rule 33, which expressly requires a search of electronically stored information in response to interrogatories involving business records.
• Rule 34, which now includes a cateogry for "electronically stored information" and gives options for the form of production.
• Rule 37, which provides a "safe harbor" in case electronic evidence is lost due to routine operation of the client's computer system.
• Rule 45, which addresses non-party production of electronically stored information (such as web-based email).
• Form 35, which has been revised to include the parties' proposed discovery plan for electronically stored information.

• develop a document retention policy, or advise you of modifications to the document retention policy in light of threatened or current litigation;
• determine the best way to request production of electronically stored information; and
• advise you on proper procedures to satisfy requests for production of electroncially stored information.