Federal and state judiciaries have amended the court rules to include new obligations on attorneys and corporate clients regarding electronically stored information (commonly known as “ESI” or “e-discovery”). The impact of these new rules goes far beyond the lawyers and parties who are involved in a lawsuit, and requires input and compliance from various departments of any business. Recent court decisions have imposed heavy sanctions on businesses that were unable to respond effectively to discovery requests. Although these amendments place new obligations on companies, a recent survey found that only 7% of corporate attorneys consider their companies prepared for the new court rules that govern e-discovery.
In order to assist our clients with this complex and rapidly evolving need, Norris McLaughlin & Marcus gathered an interdisciplinary team comprised of trial lawyers, corporate and securities lawyers, intellectual property lawyers, labor and employment lawyers, and technology specialists to form the Response to Electronic Discovery and Information (REDI) Group. REDI builds off of Norris McLaughlin’s strong litigation foundation of handling complex litigation involving ESI, and offers clients comprehensive programs through on-going counseling, and assists companies in a broad range of needs from prevention to defense. Notably, 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.
The identification, preservation, collection, review, and production of massive amounts of electronically stored information have introduced litigation risks and costs previously unknown. REDI is dedicated to providing counsel to address the proliferation of information technology that has made it difficult for a company to know what information is within its control, and how to manage that information to reduce litigation risk and comply with various laws.
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
