While the truly paperless office does not yet exist, in today’s world, many businesses conduct a majority of their work electronically. How a business stores and disposes of electronic information is often not well planned, documented or even understood. Under fairly recent revisions to the Rules governing civil actions, this lack of process can impact a business in litigation when information that should be available has been discarded, or is discovered and identified late. This can mean for a business significant additional expense (including legal fees, expenses and management time), particularly when it is forced to scramble to adopt a policy and implement practices to minimize its risk. 

Electronic discovery (“e-discovery”) is a catch-all phrase describing where electronically stored information (“ESI”) and litigation meet – the process by which ESI is located, secured and searched in connection with civil actions. Jackson Kelly PLLC has a dedicated Electronic Discovery Practice Group comprised of lawyers and paralegals who stay ahead of the curve with respect to evolving case law, technology and best practices in the field of electronic discovery. We understand the need to offer a range of legal services to our clients to ensure that they are equipped to handle e-discovery, if and when it arises, in the most cost-efficient manner.

This means starting with a successful records and information management program tailored to each client’s unique business operations. Jackson Kelly’s attorneys can advise and assist clients on best practices for managing electronically stored information and implementing an effective records retention policy that best serves its business goals.

We are also able to assist clients immediately when litigation is anticipated or when regulatory or government inquiries trigger the duty to preserve and produce relevant electronic information. Jackson Kelly’s attorneys are experienced in implementing litigation holds, collecting and processing electronic data, reviewing and producing electronic data and effectively presenting such data before a judge and jury, if necessary.

We have a history of negotiating successful discovery management plans and seeking cost recovery from opposing parties whenever appropriate. We are well-versed in unique response strategies and negotiating production agreements to ensure that our client’s adversaries get only what they are entitled to get, rather than what they wish to get. And when our clients need affirmative steps to be taken to protect their electronically stored information from production due to privilege or other legitimate business interests, Jackson Kelly’s attorneys have the tools, experience and know-how that our clients deserve.