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Electronic Litigation

There is no one-size-fits-all approach to electronic discovery. Every case is different and what may be reasonable and cost-effective in one case may not be reasonable or cost-effective in another. Business clients need attorneys who know the difference.

As a cutting-edge litigation firm, Meagher & Geer recognized the need for specialized electronic discovery services long before the Federal and State rules were revised. Its experienced electronic litigation practice attorneys are well-positioned to represent the firm’s clients in this evolving area of law.

Computer Technology Expertise

Electronic discovery requires attorneys who are familiar with the operation, configuration and terminology of computer systems, as well as the law concerning electronic discovery. An attorney who does not understand network configurations, the difference between an operating system and a word-processing program, or how and where electronic information is generated, used, stored and deleted lacks the substantive knowledge necessary to provide sage advice on complex technical-legal issues.

Through self-study, training and experience, the firm’s electronic litigation attorneys have acquired the computer and technology know-how to provide effective and practical electronic discovery advice. Terms such as “MD5 hash values” and “cache files” may be unfamiliar to most litigators, but not to Meagher & Geer’s electronic discovery attorneys. In recognition of their expertise, the group’s attorneys have served as faculty members for electronic discovery seminars and written articles on the topic.

Electronic Discovery Practice Attorneys

Meagher & Geer’s electronic litigation practice attorneys serve as both internal and external resources. Drawn from every practice area in the firm, they have the technical knowledge required to apply e-discovery legal principles to the issues that arise for the clients in the industries they regularly represent. Depending on the level of expertise required, the electronic litigation practice attorneys may serve as an integral member of the litigation team, particularly in his or her regular practice area, or consult with and assist the attorneys in other practice areas on an as-needed basis.

Meagher & Geer’s electronic litigation practice area attorneys are sensitive to the client’s business needs. They understand that taking the most conservative legal approach to the preservation and collection of electronic evidence may have an adverse effect on the client’s ongoing business operations. Unlike many lawyers, who focus exclusively on legal considerations, Meagher & Geer’s lawyers also consider the effect that different electronic data preservation options and retrieval methods may have on the client’s ongoing operations in making their e-discovery recommendations.

Electronic Discovery Assistance From Start to Finish

The firm’s electronic litigation attorneys provide a broad array of legal services relating to electronically-stored information, including:

  • Interviewing fact and IT witnesses to identify the type and location of information that must be preserved and collected;
  • Developing litigation-hold policies that protect the client’s legal interests without unduly interfering with its ongoing business operations;
  • Formulating RFPs for electronic discovery vendors and computer forensic experts and managing vendor and expert services and costs;
  • Developing cost-effective evidentiary databases to reduce the legal expense associated with reviewing and producing large volumes of electronic evidence (e.g., determining scope of search terms for culling, selecting method of de-duplication to be used, use of third-party software review tools);
  • Identifying and negotiating cost-sharing arrangements with opposing counsel or co-counsel;
  • Identifying and negotiating electronic-discovery guidelines for use in scheduling and pretrial orders;
  • Providing direct or indirect representation on all case-related electronic discovery, including pretrial and scheduling conferences, discovery disputes and motions and depositions of IT personnel and computer forensic experts.

    In addition, the firm’s Litigation Technology Support Department provides the technical expertise required to support electronic discovery. Among other things, the Litigation Technology Support Department manages the retention and use of electronic discovery vendors and computer forensics experts, ensures vendor compliance with RFPs and estimates, performs quality-control checks of vendor work and troubleshoots data loading and data conversion issues. 

    If you would like more information about Meagher & Geer's Electronic Litigation practice group, please contact Paula Theisen.