Advisory Services

The Federal Rules of Civil Procedure and many state court rules have been amended to specifically reference eDiscovery issues.  These issues can present many traps for the unwary.  iBridge provides its clients with assistance in navigating these treacherous waters.  Ideally, we are retained prior to the commencement of any lawsuit so as to be able to assess the client’s litigation readiness.  Such pre-litigation services include ensuring the client has a sufficient litigation hold procedure in place and that ESI is being appropriately preserved pursuant to adequate policies.

The Federal Rules of Civil Procedure (FRCP) govern litigation in all the federal courts across the country. The FRCP and many of the state court rules of civil procedure governing litigation in state court have been amended to specifically reference e-discovery issues. These issues can present many traps for the unwary. The FRCP, for instance, now provides as follows:

• FRCP 16(b)(3)(B)(iii):  The court’s scheduling order may provide for disclosure of Electronically Stored Information (ESI).
• FRCP 26(a)(1)(A)(ii):  The parties’ initial disclosures must include ESI.
• FRCP 26(b)(2)(B):  There are specific limitations governing the discovery of ESI.
• FRCP 26(f)(3)(C):  The parties’ written discovery plan must include any ESI Issues.
• FRCP 33(d):  The option to produce business records instead of answering an interrogatory includes ESI.
• FRCP 34(a)(1)(A):  Parties may request production of ESI.
• FRCP 34(b)(1)(C):  Parties may specify the form of ESI to be produced.
• FRCP 37(e):  Absent exceptional circumstances, the court may not award sanctions for failure to provide ESI resulting from the routine good-faith operation of an electronic information system.

iBridge provides its clients with assistance in navigating these treacherous waters.  Ideally, we are retained prior to the commencement of any lawsuit so as to be able to assess the client’s litigation readiness.  Such pre-litigation services include ensuring the client has an adequate litigation hold procedure in place and that ESI is being appropriately preserved.  We of course also provide e-discovery services to our clients upon the commencement of litigation, including document collection, coding, processing, hosting and review.

For more information, contact us at info@ibridgellc.com. We welcome all questions.