Electronic E-Discovery Legal Support and Counsel
E-Discovery Experienced Commercial Litigation and Dispute Resolution Attorneys
The Bayne Law Group is an international business and commercial practice which provides tailored and general business services to investors, entrepreneurs, professionals and businesses from a broad spectrum of industries. In addition to handling a wide range of business and commercial litigation, our firm has focused services dedicated to streamlining and supporting clients and counsel throughout the electronic discovery process..
Federal Rules of Civil Procedure Rule 34(a) enables a party in a civil lawsuit to request another party in a dispute or litigation to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control any designated documents or electronically stored information – including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations — stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.
It has been said that the current FRCP Rule 34(a) is intended to be broad enough to cover all current types of computer-based information, and flexible enough to encompass future changes and developments. Most States have likewise enacted a State-court E-discovery rule of civil procedure consistent with FRCP Rule 34(a).
Electronically stored information (ESI) is information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software. Electronically-stored information includes both native files and logical data, including essentially all known file formats including emails, documents, spreadsheets, scanned paper documents, video footage, computer-aided design files, blueprints, maps, digital photographs, scanned images, emails, online chat records, text messages, media files and essentially all data files stored electronically, most of which include metadata evidence
Electronic discovery (also e-discovery or ediscovery) refers to discovery in legal proceedings such as litigation, government investigations, where the information sought is in electronic format (often referred to as electronically stored information or ESI). Electronic discovery is subject to Federal and State rules of civil procedure.
Stages of the e-discovery process include several important stages best overseen and managed by qualified legal counsel. These include identification, preservation, collection, processing, review and ultimately production.
Our firm is experienced with advanced e-discovery techniques including the examination of native and raw data, sometimes referred to as metadata, associated with all data files, electronic messages, databases and other structured data and media files; and may also bute associated with portable document formatted (PDF) files and TIFF images prepared during the course of any transaction or series of transactions in which a legal dispute has arisen.
Our firm is well- versed in both traditional e-discovery production and modern approaches to streamling the e-discovery and document processing phase of any litigated dispute. Deployment, storage, and best practices are critical and necessary to maintain cost-effective e-discovery and ESI processing strategies.
Working with qualified legal counsel experienced in the e-discovery process, pitfalls and strategies can help avoid or reduce time and unforeseen costs in addressing stored data review technology, including scope and keyword search limitations for data set collection and processing. Our firm continues to assist our client manage the process and the experience of e-discovery through coordinating appropriate Technology assisted review (TAR) predictive coding and machine learning techniques
The Bayne Law Group continues to support the modern approach to e-discovery, and the premise, that although not fully perfect by any means, TAR is the best and most efficient search tool for massive and document intensive e-discovery review.
E-Discovery and Electronically Stored Information (ESI) Advice & Counsel
Bayne Law Group Attorneys begin the ESI streamlining process from the initial client intake, including discussing appropriate litigation hold and document retention practices when necessary, and commencement of an ESI plan and ESI agreement outline at the earliest practicable phase of the dispute process to help mitigate and reduce unnecessary and unplanned data collection and processing efforts to comply with the Rules of Civil Procedure or Arbitration authority.