Toikka Law Group helps business avoid the ruinously high costs of discovery, which in the 21st Century is dominated by discovery of electronically stored information (ESI), or e-discovery.  Today’s businesses face the ever-present risk of regulatory and/or litigation requests for production of both documents and all manner of electronic information.  In order to survive and thrive in the face of such risks, companies must practice proper Electronic Document and Records Management (EDRM).  The costs of failing to do so can be catastrophic, especially for small and medium sized businesses.

Our firm has the knowledge, experience, and vendor resources to help companies protect themselves against such costly risks.  Our lawyers assist companies in getting their electronic houses in order, to minimize risk expenses should e-discovery become an issue, from initial creation of ESI (electronically stored information) through final disposition.

As businesses expand their reach through the integration of various social media, it becomes more important to establish a framework for identifying and locating electronic information that might be relevant in e-discovery.  Thus, even before a company is involved in e-discovery, it is vital to establish an integrated company-wide policy and system of Information Governance, covering the following aspects of ESI:

  • Creation
  • Use
  • Retention
  • Secure Storage
  • Discovery Holds
  • Disposal

In the event of regulatory or litigation demands for e-discovery, Farkas+Toikka can guide companies through the process, using the best available technology to minimize costs while navigating the following steps:

Identification of ESI – Locating sources of ESI and determining its scope.

Preservation of ESI – Protecting ESI from destruction or inappropriate alteration.

Collection of ESI – Gathering ESI for further use in the e-discovery process (processing, review, etc.).

Processing[1] – Reducing the volume of ESI and converting it, if necessary, to forms more suitable for review and analysis.

Review – Evaluating ESI for relevance and for the availability of attorney-client and attorney work product protection.

Analysis – Evaluating ESI for content and context, including key patterns, topics, people & discussion.

Production – Delivering ESI in appropriate forms using appropriate delivery mechanisms.

Presentation of ESI – Displaying ESI before audiences (at depositions, hearings, trials, etc.), especially in native and near-native forms, to elicit further information, validate existing facts or positions, or persuade an audience.

[1] Toikka Law Group is committed to employing the best available technologies to perform the tasks of Processing, Review, Analysis, and Production of ESI at the lowest cost, which our firm believes can reduce e-discovery costs enormously compared to industry averages.