Electronic Discovery

More than 90 percent of all information today is created and stored in an electronic format. This electronically stored information, or "ESI," has created a host of challenges for judges and litigators attempting to impose order on the discovery phase of civil litigation. As a result, the litigation landscape in West Virginia and across the country continues to evolve and adapt to the prevalence of ESI. At Bowles Rice, our lawyers recognize the importance of these ongoing developments, and we are committed to providing our clients with the legal and technical know-how to meet these challenges.

The Bowles Rice E-Discovery Group is comprised of dedicated attorneys whose legal expertise is complemented by their knowledge and experience with IT systems, network architecture, and the software applications that run the modern workplace. The mission of this unique team is to draw upon its collective multi-disciplinary experience and e-discovery savvy to provide our clients with creative, individualized and cost-effective electronic discovery consulting, advice and project management services.

The E-Discovery Team is committed to serving our clients in the following ways:

Records Management and Litigation Holds
The duty to sequester and preserve ESI can be triggered before a lawsuit is commenced. The Bowles Rice E-Discovery Team assists our clients in effectively managing their records, and in responding to anticipated litigation by proactively developing and implementing strategies to identify and inventory sources of potentially relevant electronic information, and collecting and sequestering the responsive data.

Litigation Response
Under the Federal Rules of Civil Procedure, a party's duty to meet and confer about respective duties regarding the production of ESI begins almost immediately. Before negotiating an ESI discovery plan, our E-Discovery litigators work with our clients' IT departments to identify the relevant issues, custodians and data sources – then advocate the most cost effective and advantageous approach for our client.

Assist with Third-Party Vendors
The discovery of relevant ESI involves both production of client data and review of potentially voluminous information by the opposing party. The E-Discovery Team helps our clients to:

• Research and retain the most responsive, cost-effective and productive e-discovery solutions vendors and services;
• Analyze, collect, cull, review and produce relevant, non-privileged ESI using the most efficient means;
• Manage document review projects; and
• Prepare for and defend depositions of the company's IT personnel.

The Bowles Rice E-Discovery Team is committed to actively monitoring and participating in the ongoing development of e-discovery law and practice in West Virginia and the federal court system.