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E-Discovery

McCarter & English's e-Discovery group is comprised of a specialized team of lawyers and legal professionals who offer clients efficient and economical solutions for all facets of discovery. Our decades of experience handling large-scale document and data productions enable us to assist our clients in complying with the increasing burdens of document and electronic data retention. Our representation spans a wide range of subject matters including products liability, intellectual property, financial services, commercial and business litigation, antitrust, environmental, health care, insurance coverage, labor & employment and corporate. We routinely advise clients on records management and ESI issues from small actions, to large, complex MDL litigations. Our experience includes management of the largest and most compressed ESI production effort in the history of e-Discovery.

By partnering with clients, we are able to assess their needs and offer legally defensible solutions that satisfy their e-Discovery obligations. McCarter's e-Discovery team offers efficient, tailored, cost-conscious records management and litigation readiness solutions. We are committed to assisting clients control discovery costs while mitigating risks of litigation and regulatory scrutiny.

We offer a wide range of comprehensive records management and e-Discovery solutions that address risk management and the four stages of the e-Discovery life cycle: preservation, collection, review and production. Our wealth of experience and range of representative matters enables us to effectively tailor solutions to meet the client's needs and budget.

Working closely with clients' business, legal, and technical staffs, including outside consultants and third party vendors, our e-Discovery teams not only respond to existing litigation, but help clients reduce costs proactively through efficient, tailored, cost-conscious records management and litigation readiness solutions. McCarter's expertise enables us to collaborate with clients in all aspects of document retention and management, whether such work is handled primarily in-house or by outside vendors and counsel. Our wealth of experience and range of representative matters enable us to tailor solutions effectively to meet our clients' needs and budgets.

Our members participate in industry speakers' platforms and think tanks, and also act as policy writers with groups such as the Sedona Conference Working Group, ensuring that we are current on existing law as well as the trends of the future.

Risk Management

Audit clients' existing data retention and legal hold policies to assess compliance of current legal and business standards.

Conduct analysis of clients' systems and assess data retention protocols of same.

Recommend modifications to current policies and protocols and/or develop new, compliant and defensible guidelines.

Social Media

We will counsel clients on the use of various forms of social media based on whether the organizational strategy focuses on brand protection or brand promotion. We will draft policies dealing with the expanded use of social media in the work place and the advent of new and emerging technologies.

Preservation

Partner with clients' legal, regulatory, business and information technology units to develop and implement effective records retention policies that are legally defensible and do not tax company resources or disrupt business operations.

Draft legal hold notices and protocols for auditing compliance of same.

Collection

Devise and implement discovery protocols that consistently and reliably identify, locate and retrieve potentially relevant data both electronic and paper based.

Review

McCarter's comprehensive review process minimizes client expense while maximizing efficiency of review. Our experienced team reviews documents for responsiveness and privilege. All documents are subject to thorough QC review.

In addition to the standard review process, McCarter offers specialized substantive review for purposes of identifying key documents for deposition and trial preparation.

Production of detailed and defensible privilege logs.