Practice Areas & Industries: Wilson Elser Moskowitz Edelman & Dicker LLP


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Failure to properly preserve electronically stored information (ESI) may have damaging consequences. Courts are less forgiving of parties that do not preserve broadly and expeditiously. Moreover, the standards of proof for parties asserting spoliation claims are now reduced and may be accompanied by significant, even crippling sanctions. Over and above the risks of a failure to preserve are the intricacies of the collection, review and processing of the documents themselves.

Whether you are already enlightened or just awakening to the inescapable realities of electronically stored information, we have the scale and legal wherewithal to substantially lower your related risks and costs.

Wilson Elser has been counseling its clients on e-Discovery matters for almost as long as there have been electronic documents to discover. The firm remains at the forefront of the field by deciphering its ambiguities while staying abreast of related case law. Whether you are already enlightened or just awakening to the inescapable realities of ESI, we have the scale and legal wherewithal to substantially lower your related risks and costs.

Our e-Discovery practice group members frequently serve as project managers in large scale document collection and review engagements. When necessary, they arrive on-site to coordinate efforts and direct e-Discovery vendors and contract attorneys. They verify that the collection data set is properly filtered and culled in order to minimize the time and cost required of an extensive manual review.

The Wilson Elser e-Discovery attorneys maintain active involvement in several of the firm's other key practice areas. This multi-disciplined approach provides our e-Discovery practice group with collective knowledge and experience across nearly all litigation practice areas, from pharmaceutical, product liability, and toxic tort claims, to professional liability, employment, and commercial disputes.

Providing client education and maintaining active involvement in the development of the e-Discovery field also are important goals of the firm's e-Discovery practice group. The attorneys serve as contributors to legal publications and routinely address forums representing a wide range of industries on various e-Discovery topics. Additionally, our attorneys participate in e-Discovery activities with The Sedona Conference and the Electronic Discovery Pilot Program of the U.S. Court of Appeals for the 7th Circuit.

Group Presentations
  E-Discovery & ESI: Don't Leave Your Business Exposed , February 11, 2013
Changing Discovery Practices in This Media Age, January 10, 2013
Articles Authored by Lawyers at this office:

Punitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend
Christopher P. Flanagan,Christopher J. Seusing, December 16, 2013
In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive or violative of due process. As one of eight states that permit punitive...

Recent U.S. Supreme Court Opinion Supports Forum Selection Clauses in Interstate Contracts
William K. Enger,Tracy J. Luu-Varnes, December 13, 2013
On December 3, 2013, the United States Supreme Court in a unanimous decision made an important ruling that supports forum selection clauses in interstate contracts. In Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et. al. (12-929,...

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a Professional Liability Policy
Richard L. Reiter, November 14, 2013
On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against its insurer for indemnification or a defense under a...

Proposed Amendments to the Federal Rules Provide Some Relief from the Fear of Sanctions in ESI, But Preservation Best Practices Remain the Same
Kathleen A. Daly, November 14, 2013
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions - a risk driven by courts that have imposed sanctions with little or no showing of either intent to destroy ESI or prejudice to the opposing...

Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford,Edward P. Garson,Ian A. Stewart, November 11, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future Litigation
William T. Bogaert,Sandy M. McDermott, November 11, 2013
Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding unclaimed life insurance benefits. With the assistance of third-party...

“Savings Clause” Still Threatens ERISA Plan Limitations
Laura E. Fannon,Adrienne C. Publicover, November 04, 2013
In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999), that California’s notice-prejudice rule was saved from preemption....

Change in Illinois Code of Civil Procedure Results in Strict Payment Deadlines for Settling Defendants
Loren S. Cohen, November 04, 2013
On August 26, 2013, Illinois Governor Pat Quinn approved a legislative measure designed to hold settling defendants’ feet to the fire in making timely settlement payments in those cases alleging personal injury, property damage, wrongful death or tortious conduct involving a claim for money...