Litigation Readiness: 

The onset of litigation may arise rapidly, often leaving litigants unprepared for the burdens of discovery. The Federal Rules of Civil Procedure, as well as state rules, are placing increasingly onerous demands on potential litigants to prepare – in advance – for the possibility of litigation. In addition, preservation requirements, as well as litigation holds, are now well defined through a series of court rulings. As a result, it is important for counsel to identify where potentially relevant information resides and the length of time it must be preserved. Such actions must become standard business practice to avoid allegations of spoliation.

e-Stet’s Defensibility Consulting team works closely with clients to ensure that retention policies are adequate for the onerous requirements of data retention. Assessing risk, and segregating pertinent data are requisites for avoiding spoliation sanctions. The Defensibility Consulting team will assist with documenting bulletproof procedures for adhering to the law.

Project Consultation: 

From the outset of litigation, counsel is expected to understand the dynamics of a client’s information technology infrastructure to appropriately identify relevant information. Such information must ultimately be evaluated by the legal team in a manner that allows for maximum defensibility and minimal cost. e-Stet’s Defensibility Consulting team provides such strategic direction. e-Stet offers repeatable processes and procedures required for handling large data volumes. In addition, the team provides litigation strategy to effectively deal with opposing party demands and expectations regarding data production.

Advisory Services include:

• Data preservation (forensic and otherwise)
• Data destruction (to avoid over-preservation)
• Litigation hold drafting
• Forensic methodologies
• Meet and Confer counseling
• Review strategies
• Form of production guidance
• Strategic cost management