Practice Areas & Industries: Winston & Strawn LLP

Practice/Industry Group Overview

New federal e-discovery rules require companies to have a robust knowledge of all of their electronic data, from documents to e-mails, so they are able to respond quickly and fully to government requests or when a lawsuit is filed. While issues surrounding electronically stored information (ESI) have been an important part of Winston & Strawn’s practice for many years, the advent of the amended Federal Rules of Civil Procedure have created an even greater demand for attorneys who are knowledgeable in the ESI area. In response, the firm has formed a dedicated e-Discovery & Electronic Information practice group comprised of more than a dozen attorneys from all of the firm’s U.S. offices.

Today, nearly 97 percent of business information is created in electronic form, with less than 3 percent being converted to paper. E-mail, for example, makes up more than 80 percent of corporate communication. In 2002, 88 million workers had access to and used e-mail in the workplace. In 2007, a "large" corporation could be expected to generate in excess of one million e-mails daily. And these figures are growing.

For these reasons, any company with ESI should now be working to understand its electronic environment and develop sound policies and response plans to proactively prepare for litigation or other matters requiring the preservation or production of ESI.

Services Available

Winston's e-Discovery practice group focuses on all aspects of ESI, including document retention practices, discovery in litigation or regulatory matters, Rule 26(f) conferences, and motion practice. We assist clients in simplifying the often complex world of electronic information in anticipation of and preparation for major litigation-oriented activities. In addition to assisting clients with ESI issues pre-trial and in the courtroom, our attorneys are available to work with clients to implement policies and procedures before they are faced with litigation or a government inquiry requiring quick access to its electronic documents.

This is an ever-changing area, so Winston's e-Discovery group stays abreast of legal developments and state-of-the-art ESI through specialized training, seminars, case monitoring, and staying up-to-date on ESI vendors and technology. Winston attorneys also frequently speak at conferences and present client seminars on ESI topics. For example, the firm is a sponsor of the Sedona Conference, and two of our attorneys are members of the working group on ESI matters, "Electronic Document Retention & Production."

Representative e-Discovery and Electronic Information Experience
Winston & Strawn's e-Discovery and Electronic Information practice group assists clients in simplifying the often complex world of electronic information in anticipation of and preparation for major litigation-oriented activities.