Electronic Discovery (“E-Discovery”)

Federal and state court rules establish obligations on attorneys and corporate clients regarding electronically stored information (commonly known as “ESI” or “e-discovery”). The impact of the court rules extends beyond the lawyers and parties involved in a lawsuit, and it requires input and compliance from various departments of any business. 

Who We Are

To assist our clients with their ESI needs, we have an interdisciplinary team comprising of trial lawyers, corporate and securities lawyers, intellectual property lawyers, labor and employment lawyers, and technology specialists. Our Response to Electronic Discovery and Information (REDI) Group builds on the firm’s strong litigation foundation of handling complex litigation involving ESI, offers clients comprehensive programs through ongoing counseling, and assists companies in a broad range of ESI needs. 

Our attorneys were involved in New Jersey’s first case addressing its new e-discovery rule amendments, and have lectured at the New Jersey Judicial College on the topic.

What We Do

As part of their litigation strategy, Norris McLaughlin’s attorneys routinely consider and analyze the strategic tactics of ESI and factor it into each case budget.  We address all stages of ESI, from preservation to collection to production.  Our attorneys work closely with our clients to assess and understand the company’s information management.  When necessary, we coordinate a plan and work closely with outside third-party vendors and technology professionals to develop ESI solutions and to implement discovery protocols that effectively identify, locate, and retrieve potentially relevant data.  We also develop a quality-controlled review process that meets the specific needs of each litigation matter to identify key documents for deposition and trial preparation.  

The REDI Group provides the following counseling and litigation services:

  • Develop and regularly update document retention policies and procedures
  • Audit retention procedures
  • Assist in litigation hold issuance and compliance
  • Identify industry-specific requirements such as HIPAA, OSHA, and SEC regulations
  • Manage risk and control costs
  • Advise on litigation readiness
  • Promote education and outreach
  • Advise on records and information management
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