Experienced Madison Electronic Discovery Lawyer
Electronic discovery is a broad term that covers the retention, preservation and production of electronic data. It is a dynamic area of law that changes rapidly due to the complexity of advancing technologies and the uncertain procedural environments that frame these disputes. For help understanding and navigating electronic discovery concerns, you need an experienced attorney by your side. At Edwards ESI, LLC, I serve clients throughout Wisconsin and the United States in complex business and employment cases, including those that involve ESI.
At Edwards ESI, LLC, I provide proactive compliance advice, litigation support and a range of other services that enhance business operations while providing strategic guidance in small to complex cases that involve electronic discovery. Please call my firm now for a free, confidential consultation.
Services
I have spent the past 25 years of my career studying, teaching and practicing law in the field of electronic discovery. My objective, in any case, is to provide cost-effective solutions that focus on your objectives in a meaningful way. I offer the following services:
Compliance
Litigation can be expensive and disruptive to any company. For small to medium-sized organizations, the costs of litigation are compounded when electronic discovery is involved. I can assist in formulating sound strategies for preserving, producing and obtaining relevant ESI within the context of pending or actual litigation. Please contact me for further information regarding this wide range of services and applicable rates.
I recognize that forward-looking measures are key to legal safety and efficiency in any business. That is why I focus heavily on helping businesses formulate robust policies that ensure the proper handling of electronically stored information (ESI). By developing comprehensive document retention policies, enhancing security measures and implementing effective information governance, I safeguard your business against potential allegations of mishandling ESI. These preemptive strategies not only comply with legal standards but also serve as vital litigation prevention techniques, potentially saving your business substantial amounts in future legal costs.
Litigation
In litigation, E-discovery stands as a pivotal component, often determining the course and outcome of legal disputes. At Edwards ESI, LLC, I harness the power of E-discovery to provide my clients with a strategic advantage in legal proceedings. My comprehensive understanding of ESI enables me to gather, analyze and present digital evidence that is crucial for both business law and employment law disputes.
Whether handling the entirety of your litigation needs or collaborating as a co-counsel, I tailor my involvement to best support your specific circumstances. This approach ensures that all facets of E-discovery are managed effectively, from initial data collection to the intricate processes of data review and production. By integrating my E-discovery proficiency with broader legal strategies, I streamline the litigation process and enhance the potential for favorable outcomes.
Mediation/Arbitration/Special Master Engagements
Conflict is common when electronic discovery is involved, and results are unpredictable when the court is called in to resolve them. Mediation can provide certainty and cost savings that are essential in cases involving electronic discovery. I am also available for arbitration, expert testimony and service as a special master in cases involving ESI.
Training
Proactive educational efforts about electronic discovery save money while providing defensive strategies that can avoid unnecessary litigation or governmental regulatory efforts. Document retention plans and litigation hold processes are often the first line of defense when litigation is foreseeable. Other critical services are available that will help you manage your data in a cost-effective, proactive fashion.
Local Counsel/Co-Counsel Arrangements
It is hard to fight in somebody else’s backyard. With a broad range of experience in state and federal courts, I am in a position to negotiate electronic discovery plans and serve as your representative when E-discovery issues surface. Through negotiation and thoughtful motion practice, litigants gain efficiencies and avoid unnecessary, expensive fights involving electronic discovery.
Frequently Asked Questions About Electronic Discovery
It is critically important to understand what must be done with electronically stored information, especially in litigation. Here are the answers to some of the most common questions I hear:
What types of ESI are commonly involved in E-Discovery?
Electronically stored information is far more involved than many people realize. ESI can include:
- Emails and attachments
- Documents (Word, PDFs, spreadsheets and so on)
- Data from customer relationship management systems
- Social media posts and messages
- Mobile data, including text messages, call logs and app data
- Audio and video files
- Website content, including activity logs and metadata
- Cloud data stored on platforms like Dropbox or OneDrive
- Metadata regarding file properties, modifications, authors and creation dates
In short, anything that is contained electronically – even things that you cannot easily see – may be subject to E-Discovery.
How can businesses ensure compliance with E-Discovery requirements?
Businesses can take several steps to ensure compliance with E-Discovery. A clear, written policy outlining how long ESI must be retained and when they can be archived or deleted is important – as well as training employees on ESI preservation and E-Discovery requirements – can be critical. This is where I can help your business take a proactive approach to minimize risks.
What are the potential consequences of mishandling ESI?
Mishandling ESI can lead to serious financial and legal consequences. Mishandling ESI may violate certain laws (such as the General Data Protection Regulations or the Health Insurance Portability and Accountability Act). The failure to properly preserve, collect or manage ESI can lead to court-ordered sanctions for the spoliation of evidence, including possible default judgments against the culpable party.
What should businesses do when they anticipate litigation involving ESI?
When litigation is reasonably anticipated, a business should immediately notify the relevant departments or employees that there is a “legal hold.” This should prompt a well-developed plan of action that halts the normal processes and aims to preserve all potentially relevant ESI. At that point, it is prudent to speak to an experienced E-Discovery attorney.
Get The Support You Need
For businesses facing complex legal challenges, partnering with Edwards ESI, LLC, means working with an attorney who is dedicated to leveraging every available tool to protect and advance your interests. Whether taking the lead in the courtroom or providing targeted support on E-discovery concerns, my goal is to deliver comprehensive, competent and cost-effective legal solutions.
Please contact Edwards ESI, LLC, at 608-291-6355 or fill out my online contact form to schedule a consultation.