E-Discovery
E-Discovery Disputes
Most business today is conducted electronically. This technology has resulted in revisions to the state and federal rules of civil procedure that govern the discovery of electronically stored information (ESI) in traditional civil litigation and revisions to the commercial and construction industry arbitration rules enacted by the American Arbitration Association and other institutional administrators.
If it is not managed in a reasonable and proportionate manner, the process known as e-discovery can lead to a significant increase in the burden and expense imposed on businesses that find themselves involved in complex commercial litigation and arbitration.
As a Fellow in the American College of e-Neutrals, Gene is uniquely qualified to resolve e-discovery disputes involving ESI in an efficient and cost-effective manner by promoting the proactive and customized use of technology and the good-faith cooperation of the parties.
Gene is experienced in supporting the recovery, preservation, production, review and storage of voluminous quantities of ESI and in resolving the related challenges that frequently arise, including:
Proportionality
Decisions that determine whether the burden and expense of e-discovery outweigh the reasonably foreseeable benefits from conducting the discovery.
Cost Shifting
Decisions that determine whether the requesting party must pay some or all of the producing party’s costs incurred to perform the requested scope of discovery.
Technology-Assisted Review
Enforcement of technology-assisted review agreements, which rely on software specifically designed to search ESI and facilitate a less time-consuming and less expensive e-discovery process.
Protective Orders
Enforcement of protective orders and e-discovery agreements to protect the confidential, proprietary and privileged content of ESI.