Electronic Discovery and Document Retention

With the proliferation of technology in the modern business era, companies must consider and establish policies governing the maintenance, storage, and production, as necessary, of electronically stored information ("ESI").  According to recent studies, more than 90 percent of business records are now produced electronically, and nearly 50 percent of those records are never reproduced in paper form. Proper retention and management of ESI is essential for the operation of a business; the proper handling, discovery, and use of ESI will be critical in litigation.

The Firm's electronic discovery and document retention practice has significant experience in this fast-evolving, technology-driven area. Aron U. Raskas writes and lectures extensively about ESI issues. Philip M. Andrews is a member of the joint bar-court committee that drafted the Suggested Protocol for Discovery of ESI for the United States District Court for the District of Maryland.

We help our business clients create practical, manageable document retention policies and to map information storage systems with a dual purpose: to serve their business needs in the ordinary course, and, in the event of litigation, to facilitate efficient, cost-effective retrieval and review of ESI. We also work with our clients' corporate technology personnel to implement appropriate "litigation-hold" policies and procedures, designed to avoid charges of spoliation that can lead courts to impose catastrophic sanctions against a company that fails to take appropriate steps to preserve relevant ESI.