Consulting
The verdict is in. Ignorance of electronic discovery protocols and practices is no longer an acceptable excuse for corporations or their outside counsel. Proposed amendments to the Federal Rules of Civil Procedure and a growing body of case law are demanding an understanding of electronic management policies, a working knowledge of clients’ information systems, and early and informed meet-and-confer discussions.
We understand that e-discovery can be a daunting challenge to the uninitiated. Our e-discovery consulting practice, the Capital E-Discovery Consulting Group, was created to guide intelligent decision-making. Headed by industry veteran, Bob Eisenberg, the Capital E-Discovery Consulting Group enables our clients to ask the right questions, minimize risk and cost, and respond quickly and appropriately.
The Capital E-Discovery Consulting Group provides both “reactive” litigation and investigation related services and “proactive” electronic records management services to help our clients master the challenges associated with managing electronic information. Our expert advice and technical services include:
1. Preparation in anticipation of the need to respond to requests for electronically stored information (ESI) in litigation.
2. Establishing an IT system that supports electronic discovery goals while providing efficient and cost-effective infrastructure for day to day company operations.
3. Developing an Electronic Discovery Action plan with well-crafted e-discovery protocols for the harvesting, retention and processing of electronic data.
Components of the plan include:
- Identification of potential repositories of targeted data
- Identification of the potential custodians of targeted data
- Forensic collection of targeted data where required
- Harvesting of targeted data from virtually any environment, email or file type including deleted, encrypted and password protected files
- Auditing of compliance with preservation and electronic discovery protocols
- Addressing of issues arising from the unstructured accumulation of legacy data on various backup or disaster recovery media.
4. Audit of electronic discovery procedures performed by the client's IT department or by other e-discovery firms.
5. Complying on an ongoing basis with regulations requiring records retention
6. Guidance in responding to discovery requests expediently, comprehensively and cost-effectively
7. Providing solutions to minimize spoliation risks, by preserving evidence pursuant to a comprehensive and sustainable data preservation regime
8. Establishing “going forward” data management systems for the fully defensible archiving and disposition of electronic data.
9. Expert witness testimony
Our consulting team is comprised of individuals with unique expertise in law, e-discovery strategy and technology. Capital Legal’s consultants are experienced and seasoned experts who will be able to testify about the processes and procedures used in collecting and processing electronic evidence. They will maintain meticulous Chains of Custody with all the appropriate related documentation to authenticate fully data as evidence in a formal judicial setting. Capital Legal’s Daubert-challenged specialists have experience providing expert testimony and in reporting the methodologies used in the handling of electronic evidentiary material.
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