e-Discovery Brochure - Jackson Lewis

e-Discovery
jackson lewis
Preventive Strategies and
Positive Solutions for the Workplace ®
ALL WE DO IS
WORK®

Recognizing that a good defense in employment
litigation is often inseparable from effective strategies
with respect to discovery of electronically
stored information (ESI), Jackson Lewis has developed
a specific practice dedicated to e-discovery
and information technology law.
Under the leadership of one of the nation’s leading
authorities in this area of law, the Jackson Lewis
e-Discovery team uses the latest bottom-line-driven
practices and innovative risk management techniques
to help the firm’s clients control costs and manage risks.
With a team of over 40 employment lawyers trained in
e-discovery law and technology, each of our nearly 55
offices has a liaison with the knowledge required to handle
all complex e-discovery and records management issues
that may arise before, during or after litigation.
Jackson Lewis’ e-Discovery Team
Our multidisciplinary team approach to e-discovery
combines the talents and skills of attorneys and
technology specialists. Led by the firm’s National
e-Discovery Counsel Ralph Losey, our e-discovery
attorneys, who are provided with ongoing training
in e-discovery law, procedures and technology, work
closely with our internal Litigation Support department
and its technology specialists. Our Litigation Support
professionals provide invaluable technical expertise, as
well as ESI processing, hosting and review solutions.
In addition, our e-discovery attorneys in each office
provide additional training to the attorneys in their
respective offices. As a result, all litigation attorneys at
Jackson Lewis have knowledge of e-discovery law, with at
least one attorney in each office receiving more extensive
training. The firm’s ability to marshal teams of attorneys
and paralegals from nearly 55 offices spread across the
country gives us an advantage in tackling burdensome
document review projects in class action and other
complex litigation.
Our team also works closely with a select group of
outside computer technology vendors, software companies
and consultants. These outside team members can be
brought in where advisable to work with our clients and
their IT departments and to assist clients on technical
e-discovery issues. We are familiar with the RFP process
for both document hosting companies and contract review
teams. We have national pricing agreements in place
with select vendors and have successfully leveraged our
firm’s size and complex litigation caseload to negotiate
competitive pricing for electronic discovery work. We
work closely with computer forensic and cyber-fraud
experts to assist clients in pre-suit investigations of
computer security intrusions and possible trade secret
thefts, as well as litigation-related forensic collections and
analysis.
Litigation Case Support
The firm’s e-Discovery team members have the knowledge
and experience necessary to provide legal and technical
analysis of the unique discovery problems faced in
litigation today. Our primary goal is to help clients
avoid unnecessary discovery disputes, while protecting
against the excessive costs of unreasonable requests for
information. We seek to accomplish this goal by working
with our clients to implement evolving best legal practices
and advanced technologies.

Our litigation case support includes working with clients
to:
• Timely implement legal holds, including both
notices and forensic collections;
• Engage in early case evaluation by rapid
identification of key information; and
• Develop strategies for and perform cost-effective
document collection, processing, review, privilegelogging
and production, including in large-scale class
action litigation.
At all times, we work with clients to estimate and project
costs and to develop proactive case strategies.
Our attorneys have also litigated a number of
e-discovery issues, including motions for sanctions related
to the preservation of electronic evidence, motions for
cost-shifting related to the production of electronic
evidence, and motions to compel access to personal and/or
home computers, as well as electronic discovery temporal
scope, custodian and clawback agreement disputes. We
have also deposed and cross-examined forensic computer
experts.
Electronic Records Management
and e-Discovery Readiness
In addition to assistance during the course of litigation,
we advise clients with respect to electronic records
management and policies and e-discovery readiness
programs and training, including:
• Preparation and review of electronic information
retention and destruction policies;
• Preparation and review of electronic communication
polices;
• Preparation and review of litigation hold protocols;
• Preparation of data maps;
• Establishment and coaching of internal corporate
e-discovery readiness teams;
• Procedures for destroying/discarding old backup
tapes; and
• Compliance with international data privacy rules.
Representative Publications
We frequently write articles for professional journals,
deliver presentations, and provide commentary
regarding novel and newsworthy e-discovery issues.
In addition, Ralph Losey is a professor who teaches
Electronic Discovery Law at the University of Florida. A
representative sampling of our publications includes:
Ralph Losey, Adventures in Electronic Discovery, West
Thomson, 2011.
Ralph Losey, Electronic Discovery: New Ideas, Trends,
Case Law, and Practices, West Thomson, 2010.
Ralph Losey, Introduction to e-Discovery: New Cases,
Ideas, and Techniques, ABA, 2009.
Ralph Losey, Mancia v. Mayflower Begins a Pilgrimage to
the New World of Cooperation, The Sedona Conference
Journal (Dec. 2009).
Ralph Losey, Lawyers Behaving Badly: Understanding
Unprofessional Conduct in e-Discovery, 60 Mercer L.
Rev. 983 (2009).
Ralph Losey, e-Discovery: Current Trends and Cases,
ABA, 2008.
Ralph Losey, Computer Hash: the New Bates Stamp, 12
Journal of Technology Law & Policy 1 (2007).
Brett Anders (co-author), An Employer’s Guide to
Avoiding the Pitfalls Associated with E-Mail and
Internet Monitoring, New Jersey Labor and Employment
Quarterly 25.2 (Apr. 2002).
Contact Jackson Lewis
To learn more about our services, please visit us online at
jacksonlewis.com.

jackson lewis
Preventive Strategies and
Positive Solutions for the Workplace ®
About Jackson Lewis P.C.
With over 765 attorneys practicing in nearly 55 locations
throughout the U.S. and Puerto Rico, Jackson Lewis provides
creative and strategic solutions to employers in every aspect of
workplace law. Recognized as the 2014 Law Firm of the Year
in the category of Litigation – Labor & Employment, and ranked
in the First Tier nationally in the categories of Employment and
Labor Law on behalf of Management in U.S. News – Best Lawyers ®
“Best Law Firms,” our firm has one of the most active employment
litigation practices in the U.S.
All we do is work ® Workplace law.
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Dec13