Emily E. Duke, Co-Chair
eduke@fredlaw.comCynthia A. Moyer, Co-Chair
cmoyer@fredlaw.com
Fredrikson & Byron Attorney Timothy O’Shea Earns Certified E-Discovery Specialist Distinction - December 19, 2011
E-Discovery Preservation and Production: Sanctions Are on the Rise – Plan Well, or Watch Out!
Emily E. Duke, March 2011
Spoliation Sanctions and Concerns Over the Lack of Uniform Standards
Timothy M. O’Shea, December 15, 2010
(as it appeared in
Bar Talk, Minnesota Chapter of the Federal Bar Association, Volume IV, Issue II, pp. 16-17)
Preserving Electronic Information: Avoiding Pitfalls, Dulce J. Foster & Oliver Fuchsberger, Minnesota Lawyer, October 11, 2010
Spoliation of Electronic Evidence: A Judicial Boiling Point?, Emily E. Duke & Cynthia A. Moyer, Pretrial Practice & Discovery, Volume 18, Number 4, Summer 2010, American Bar Association
A Tale of Two Companies: A Guide to Preserving Electronic Information in A Crisis, Dulce J. Foster & Oliver Fuchsberger, March 4, 2010
The Virtual Smoking Gun: The Role of Email in White Collar Cases, Dulce J. Foster, January 2005
ELECTRONIC RECORDS: RETENTION, PRESERVATION & STRATEGY
The fast-paced, rapidly evolving world of technology has opened doors to new and cost-effective ways to communicate and store data electronically: text messaging, social networking, cloud computing, and powerful computer tools. But, along with these developments, which create massive amounts of electronically stored information (ESI), come evolving electronic discovery (e-discovery) obligations relating to preserving, collecting, and searching data when a company is in litigation, conducting an internal investigation, defending a government investigation, or responding to criminal or civil subpoenas.
Fredrikson & Byron’s ESI Resources Group keeps track of this rapidly developing and changing environment and legal landscape so that you are poised to efficiently and strategically conduct e-discovery … and defend your positions.
We keep track of this rapidly developing and changing environment so clients are poised to efficiently and strategically conduct e-discovery.”
SERVICES
Our attorneys help clients pre-litigation with records-management strategies and litigation readiness. Once a criminal or internal investigation, subpoena or grand jury subpoena, or litigation is anticipated or initiated, our attorneys help clients identify sources of ESI and advise on preservation obligations. Our attorneys also develop a strategy to cost-effectively collect the relevant data, and review and process it. Our litigation support personnel have over 30 years of experience supporting e-discovery from a technology standpoint. In addition, we interface with a variety of vendors to keep a lid on costs while meeting clients’ obligations to produce relevant information. The attorneys in Fredrikson & Byron’s ESI Resources Group are keenly aware of our clients’ resources (human and capital) that get diverted when responding to requests for ESI in legal proceedings. We are practical in our approach and understand the need to keep costs and plans proportional to the size of the case.
Fredrikson & Byron’s ESI Resources Group can assess the scope of your technologies and sources of ESI, work with you to create a strategy for dealing with your ESI, and your opponent’s, so that you can gain the benefit of dealing with ESI in a reasonable, proportional, and defensible manner during the course of e-discovery for legal proceedings. In addition, Fredrikson & Byron’s attorneys are versed in dealing with forensic computer evidence and computer metadata so that you can gain valuable evidence to assess your case and your opponent’s. If trial is necessary, our attorneys will strategize the most effective way to get your evidence in front of a jury or judge.
New Cases & Developments
Federal Circuit Unveils Model Order That Limits E-Discovery in Patent Cases
Timothy M. O’Shea, November 2011
Privacy in the Cloud – Who is Protected by the Electronic Communications Privacy Act?
Emily E. Duke, October 2011
Pitfalls of Electronic Privilege Review
Emily E. Duke, October 2011
Click here to view past Cases & Developments
Bios
Primary Attorneys
Emily E. Duke, Co-Chair
Sten-Erik Hoidal
Lousene M. Hoppe
Andrew F. Johnson
Cynthia A. Moyer, Co-Chair
Timothy M. O’Shea