e-Discovery & Record Retention

With increasing volumes of electronically stored information, the automation of legal processes, rapidly evolving e‐discovery case law, and the risk of judicial sanctions, employers must pay more attention than ever to the handling of electronic documents. Employers must have competent, technologically savvy counsel experienced with e‐discovery and document retention to see them through the complexities of e-discovery, the shifting legal landscape, and the technicalities required to properly retain, collect, process, and review electronic data. Jackson Walker provides what clients need.

A well-designed record retention policy is essential for employers. A good policy doesn’t just have to comply with legal and regulatory mandates, it must also be a practical and realistic undertaking. Our attorneys work with a client’s business objectives and budget constraints to design a retention policy that keeps procedures realistic and costs manageable while reducing liability risk.

When an employment issue arises, we handle the preservation hold notice and examine the practices in place to preserve information. We interview key personnel, identifying the type of documents each person is maintaining. An early interview can be particularly important for identifying inadvertently lost or deleted documents that may be relevant. We then help develop a strategy for cost-effective document collection. Our sophisticated understanding regarding the management, retrieval, and use of electronically stored information gives us the ability to facilitate complex litigation case automation and locate responsive documents in a cost-effective manner for the client.

We understand what is required by federal and state laws, but effective representation requires more than that: it requires a pragmatic approach, balancing legal obligations with the client’s resources and realities to minimize the cost and the risk of e-discovery.

Practice Category

Jennifer A. Bryant
Jennifer A. Bryant

Senior Counsel, Houston

Carl C. Butzer
Carl C. Butzer

Partner, Dallas

  • Preparation and review of electronic information retention and destruction policies
  • Preparation and review of electronic communication polices
  • Preparation and review of litigation hold protocols
  • Preparation of data maps
  • Establishment and coaching of internal corporate e-discovery readiness teams
  • Development of litigation readiness plans
  • Risk management
  • Data collection and review
  • Early case evaluations that quickly identify key information
  • Timely implementation of legal holds, including notices and forensic collections
  • Act as e-discovery liaison between personnel, counsel, IT, and vendors