E-discovery: Tips for identifying and preserving ESI

Efficiency starts with good communication between outside counsel, in-house counsel and the IT department

In our last article, we discussed the concept of “litigation readiness” and the benefits of implementing a records-management policy. When a company faces a lawsuit, it must navigate the universe of potentially relevant data. It must identify, preserve and collect relevant electronically stored information (ESI) on its computer system using forensically sound procedures capable of being validated, verified and repeated. The identification and preservation strategies discussed below are designed to protect companies from claims of spoliation and to enable the proper authentication of documents.

Identification

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James Bernard

James L. Bernard is a Partner in the Litigation Practice Group at Stroock & Stroock & Lavan LLP. His practice covers a range of complex...

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Michael Quartararo

Michael Quartararo is the Director of Litigation Support Services at Stroock & Stroock & Lavan LLP, an adjunct instructor at Bryan University's E-Discovery Program, and...

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Jason Vinokur

Jason S. Vinokur is an associate in Stroock's Litigation Practice Group.

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