More than ever before, business documents are created, transmitted, and stored electronically, often without ever being reproduced in hard copy format. For that reason, discovery requests asking for electronically stored information are becoming increasingly more common during litigation. Even when there is not a specific request for electronic documents, the rules of civil procedure obligate you to include electronic sources within the scope of a discovery request.

The problem is, searching through and producing electronic documents creates concerns that weren’t present in traditional paper-based discovery. For one, the universe of electronic files can be immense. Because it is so cheap and easy to store files electronically, companies tend to retain tremendous quantities of electronic information. The prevalence of communicating by e-mail swells the electronic document largesse. It can be a challenge just to figure out exactly what you have stored electronically, and if the volume of documents is large, the cost of producing them can be significant. Matters are complicated further if documents are in multiple or different file formats—particularly if some formats are no longer commonly used.

Fortunately the Gray Plant Mooty team is here to help. We work with you to create records-management and discovery systems that are thorough yet elegant, leaving your company less vulnerable to regulatory and litigation risks, minimizing the ordeal of discovery, and serving your business in the long term.