Discovery Response
Identification, preservation and protection of electronically
stored information (ESI) pursuant to Federal civil litigation
is mandated by by the common law, and also to some extent by cases
interpreting the new Federal Rules of Civil Procedure (FRCP)
and applicable state court rules of civil procedure. Improper
identification, preservation, and handling of ESI can lead to
sanctions being applied against a company and its officials.
These shortcomings may also jeopardize the company's position in
litigation if the judge gives the jury an adverse inference
instruction. If these negative outcomes are realized it could be
quite costly for companies.
Companies, and specifically Legal and IT managers can reduce the risk
of sanctions and adverse inference instructions by carefully planning
for the receipt of a subpoena commanding the production of ESI.
The creation of a Discovery Response Plan fully
addressing the life cycle of a litigation or potential litigation event
- or "matter" - is a great way to prepare for such events. JCS can
help you develop and execute a Discovery Response Plan typically
involving the following key components:
- The creation of a cross-functional Discovery Response
Team comprised of Legal, Information Technology (IT), Human
Resources (HR), and relevant Data Custodians;
- The definition of roles and responsibilities by constituency;
- Summary and detailed procedures for each type of
Discovery Response Event, including potential litigation
identified in-house as well as subpoena duces tecum;
- Detailed procedures for implementing and maintaining a
defensible Litigation Hold;
- Procedures to effectively close out a Discovery Response Event.
The professionals at JCS have proven success defining and
implementing Discovery Response Plans with major corporations. Put
our experience to work for you and make real headway towards
implementing effective discovery response in your organization.