Providing e-Discovery Services for Businesses and Other Organizations

Helping organizations acquire, preserve, and manage e-discovery protocol

Many business disputes hinge upon effective e-discovery—the identification and preservation of evidence culled from vast libraries of electronically stored information (ESI). At Strassburger McKenna Gutnick & Gefsky, our attorneys help businesses involved in lawsuits identify which data—emails, documents, presentations, databases, voicemail, audio and video files, social media, and web sites—must to be retained and protected from deliberate and inadvertent alteration or deletion. Our team includes a certified e-discovery specialist from the Association of Certified E-Discovery Specialists (ACEDS).

Electronic evidence vs. physical evidence

Hard evidence such as paper receipts, reports, and folders can be difficult to collect and assess, but electronic evidence can be even more problematic. The scope and volume of electronic data represent just two challenges—unlike paper evidence, electronic documents generally are more fluid, containing metadata such as time-date stamps, author and recipient information, and file properties. Preserving their original content and metadata is essential not just for determining matters of fact, but to successfully refute allegations of spoliation or tampering.

Neglecting to preserve ESI properly can result in a finding of evidence spoliation and sanctions such as adverse inference jury instructions and monetary fines. Even worse, when evidence or a lack thereof suggests intentional or bad faith misconduct, the result can be a dismissal of all claims or defenses.

An evolving process puts e-discovery at risk

Most organizations embrace e-discovery principles, and many have taken steps to impose some sort of control process for identifying and archiving e-mail, for instance. But digital presentations, social media, and other electronic data are often left unaccountable. Between the number of technologies and parties who may be involved—IT managers and records managers, compliance officers, forensic specialists, and lawyers for both sides—an electronic discovery project requires expert triage, coordination, and due diligence.

Ensure you are protected on the e-discovery front

Whether you are the plaintiff or defendant, look to Strassburger McKenna Gutnick & Gefsky for counsel and representation whenever e-discovery is required. Our attorneys leverage the latest best practices regarding the management of e-discovery data—from identification to preservation—and oversee legal holds with efficient and full compliance. Please contact Harry F. Kunselman at hkunselman@smgglaw.com or Gretchen E. Moore at gmoore@smgglaw.com to arrange a consultation.