The December 2015 changes to Rule 34 are dramatic in the way document requests and objections will be handled in federal practice.
E-Discovery Strategy & Advocacy
Fredrikson & Byron’s E-Discovery Strategy & Advocacy Group provides strategic counseling to help clients develop a practical e-discovery plan that is cost-effective and defensible. Our team puts advocacy first and understands the importance of focusing on the data that really matters to the claims and defenses in dispute, which dramatically limits the scope, burden and cost of e-discovery.
“We keep track of this rapidly developing and changing environment so clients are poised to efficiently and strategically conduct e-discovery.”
What We Do
Our experienced team of litigation attorneys, Certified E-Discovery Specialists and paralegals counsel clients across industries whenever electronic data challenges arise around the globe. Our attorneys and IT support personnel have experience with cases involving complex and voluminous discovery, as well as smaller matters.
We are equipped to manage the full lifecycle of e-discovery demands of litigation, internal investigations and government enforcement actions, including international e-discovery, data privacy and cross-border challenges.
Every client has different needs and we do not believe in a “one-size-fits all” approach.
Before case-driven obligations arise, we proactively advise companies and their legal teams in the development of strategic and tactical e-discovery solutions, as well as the creation and implementation of protocols, policies and procedures to enable clients to balance risk management, compliance and costs in the most efficient way possible. We routinely consult with client in-house IT departments on effective and defensible collection strategies. We also help clients develop practical and reasonable legal hold plans and develop litigation readiness plans to ensure the discovery efforts are focused on the data that is likely to be relevant to the claims and defenses in the case.
Our team is equally adept at managing cases and other matters from beginning to end. We focus on each client’s individual needs and help our clients navigate all available options based on client-specific technology infrastructure, objectives for reducing costs and other legal and business goals.
From the onset of a case, we help our clients develop a comprehensive e-discovery plan that is proportional to the issues and amount at stake in the litigation so that we can determine what information needs to be preserved and collected and what does not. This allows the litigation team to focus on the data that matters, which significantly reduces the burdens and overall costs of e-discovery.
We strive to help clients avoid unnecessary discovery conflicts, but are ready to take on discovery battles should they arise. Our experienced litigators help clients negotiate e-discovery stipulations that govern the information that needs to be preserved, the scope of discovery and how information is produced in a case. Our team has an in-depth understanding of e-discovery law and will hold the line when the burden or expense of the proposed discovery outweighs its likely benefit.
Our team includes litigators who have taken cases to trial and they recognize that focusing on the data that’s really at issue in the case is critically important to helping our clients not only save time and money, but ultimately prevail in the litigation.
News & Articles
January 27, 2017
Courts are starting to recognize that “texting has become the preferred means of communication.” In re Pradaxa Prods. Liab. Litig., 2013 WL 6486921, at *18 (S.D. Ill Dec. 9, 2013). Indeed, one survey found that 80 percent of people use texting for business and 15 percent of people surveyed indicated that over half of their text messages were related to business. Moreover, “80 to 90 percent of all companies have some instant messaging in use by employees,’ and 80 percent of that IM activity takes place over external programs.’” Seth A. Northrup & Li Zhu, Let’s Chat About the Legal Risks of Instant Messaging, Corporate Counsel, March 14, 2014 (citation omitted).
Proposed Amendments to Federal Rule of Evidence 902 Will Impact Collection of Electronically Stored Information
January 27, 2017
To establish that an item of evidence is authentic, a proponent must produce sufficient evidence “to support a finding that the item is what the proponent claims it is.” Fed. R. Evid. 901(a). Rule 901(b) of the Federal Rules of Evidence sets forth examples for establishing that the evidence is authentic, such as the testimony of a witness with knowledge.
December 19, 2016
The new amendments to the Federal Rules of Civil Procedure have been in place for one year. So how have the courts addressed the new rules regarding e-discovery?
October 17, 2016
A recent products-liability case from a federal district court addressed the issue of the discoverability of communications between the defendants’ foreign subsidiaries with foreign regulators regarding the IVC filters at issue in the case. In re Bard IVC Filters Prod. Liab. Litig., 317 F.R.D. 562 (D. Ariz. 2016). All plaintiffs received their Bard filters and allegedly were injured in the United States. Most of the defendants’ communications with foreign regulators originated in the United States. However, there was evidence that some of the communications originated abroad, and may not have been captured in the ESI searches. The plaintiffs sought communications with foreign regulators to determine if any of those communications had been inconsistent with defendants’ communications with American regulators.
December 18, 2015
The recent amendments to the Federal Rules of Civil Procedure, which became effective December 1, 2015, are aimed at accelerating discovery and focusing on relevancy and proportionality. Here is an overview of the key changes that will impact the timing and scope of discovery.
August 31, 2015
With the increased use of mobile devices for business purposes, parties to litigation are more prone to seek text messages, instant messages and voicemails during discovery. A recent federal court decision addressed the discoverability of this information.