Electronic Discovery
 

Garan Lucow Miller's Electronic Discovery Practice Group stands ready to assist businesses, companies, and insurers with issues relating to the discovery of information maintained and stored on standalone and networked computer systems. We assist in current litigated cases or in situations that arise before litigation is filed, or even before notice of a potential claim is received. We also help with advance preparedness so that, when an issue does arise, your response is well-planned and informed.

New amendments to the Federal Rules of Civil Procedure, effective December 1, 2006, will require that all attorneys and clients work from the beginning of any new lawsuit to address issues pertaining to the access to, use of, and preservation of discoverable information that is stored in electronic form. It will provide guidance to the courts on such issues as the need for preservation of electronic information, the form in which information should be provided in response to discovery requests, the application of privileges and confidentiality requirements, etc. It is likely that rules very similar to these will also be adopted on the state level.

Many companies maintain electronic information that is privileged, confidential or proprietary in nature. Further, information about employees and customers is subject to a number of laws and regulations regarding the protection of personal privacy. A response to a request for a company's electronic information must ensure that its interests in all of these areas are protected.

The following are a few situations where you should call the attorneys at Garan Lucow Miller, P.C.:

• Your company receives a letter from an attorney demanding that you secure your computer systems and discontinue regular purging or backup rotation procedures

• Your company receives a letter or a subpoena directing that you make your computer systems available to the party or to an outside expert for the purpose of harvesting data from your system

• A matter in which litigation has been filed or is expected likely to involve evidence in the form of electronically stored information, including spreadsheets, accounting systems, databases or e-mail messages

• A party to a matter in litigation requests that the court enter an order requiring the discontinuation or modification of current procedures and the preservation of electronic data

Working together with outside vendors, we can assist with the technical aspects of securing and imaging current computer systems, analyzing the data they contain, and producing it in a form that will comply with legal requirements.

Advance preparation and prevention is the key to avoiding problems down the road. We will consult with you on the adoption of proper policies and procedures to ensure that your systems are operated in a manner that meet all legal and regulatory requirements and will not create problems in court in the event of future litigation or claims.

Garan Lucow Miller, P.C. is a full-service law firm founded in 1948 with offices throughout Michigan. We provide legal services to businesses, individuals and municipalities. For a complete list, please visit our Web site at www.garanlucow.com.