Electronic Discovery and Information Management Law Definition
Electronic Discovery & Information Management Law is a combination litigation, compliance, and transactional-based practice. E-discovery and information management lawyers routinely provide consulting and information management services to help clients manage risks and control costs both before and after the onset of litigation, from preservation and collection, to processing, review, and production of electronically stored information (“ESI”). From a litigation perspective, e-discovery lawyers counsel clients on how to design, implement, and maintain an effective litigation hold. In structuring an appropriate litigation hold, e-discovery lawyers must determine the “key players” that are likely to have relevant information, and what documents and data are subject to the hold. An in-depth understanding of the client’s business, IT and document management systems, organizational structure, and the policies governing the usage and maintenance of the client’s information is imperative. Upon the successful implementation of a litigation hold, often with the assistance of a qualified vendor, e-discovery lawyers will assist with negotiating the scope and parameters of discovery with opposing counsel. Counsel also routinely notify opposing and third-parties of their duty to preserve potentially responsive documents and data.
From a compliance and transactional perspective, information management lawyers help clients comply with the myriad of state, federal, and international laws and regulations which regulate the collection, maintenance, storage, transfer, and disposal of information, including personally-identifiable and other vital information stored in electronic and non-electronic formats, and which prescribe steps to be taken in the event of a breach of private information. In this regard, information management attorneys often assist clients’ efforts to manage records more effectively and securely, and to minimize the risks of premature destruction of data or a data breach. This entails helping clients develop comprehensive records management policies and procedures, security plans, as well as privacy and other internal corporate policies which govern employees’ access to and usage of company information.
The explosive growth in digital data has changed litigation and corporate governance. Electronic discovery and information management lawyers provide guidance to clients facing data management and discovery challenges by developing comprehensive and defensible practices and procedures that fulfill legal obligations, minimize risks, and control costs.