Electronic Discovery and Records Management Team
Virtually all business information is now produced, stored and communicated in electronic format. The amount of electronically stored information generated by even small and medium sized businesses is enormous. Dramatic changes in technology in the last few years precipitated equally dramatic changes in conducting discovery.

Axley Brynelson's Electronic Discovery and Records Management Team helps our clients manage the interface between new legal and information technology requirements. We assist our clients in developing cost-effective strategies and plans for responding to litigation and governmental investigations of all sizes that involve electronically stored information. Recent court decisions imposing millions of dollars in sanctions for the destruction of relevant electronically stored information underscore the importance of preserving and managing such information in the event litigation is foreseeable. Several high-profile cases demonstrated that electronically stored information and the discovery process can significantly impact the course and outcome of litigation.

Led by Attorney Timothy D. Edwards, our Electronic Discovery and Records Management Team knows the proper steps to take in handling electronic discovery. We assist our clients and other law firms in a number of areas, including:
  • Developing a data management preservation plan
  • Ensuring the data management plan will afford our clients with the protections available under the Safe Harbor provisions of the Federal Rules of Civil Procedure
  • Collecting and reviewing data in the event litigation becomes foreseeable
  • Developing litigation hold procedures
  • Evaluating and retraining consultants and experts for pre-litigation analysis and litigation support
  • Advising on document destruction policies for companies

Recently, the drafters of the Federal Rules of Civil Procedure enacted amendments to the federal electronic discovery rules that address issues surrounding the discovery of electronically stored information. Wisconsin likely will soon follow suit with its proposed amendments to the Wisconsin Rules of Civil Procedure. Axley Brynelson's Electronic Discovery and Records Management Team tracks changes in this area, and communicates these changes with our clients to reduce their legal risks. We also have two full-time IT employees and several paralegals knowledgeable in managing the millions of pages of document production needed every day, who work with our Electronic Discovery and Records Management Team to deliver legal services in a timely manner and at a reasonable cost.

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Attorneys
Timothy D. Edwards
Brian C. Hough
John C. Mitby
Michael J. Modl
Steven M. Streck