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eDiscovery & Document Retention

Bowditch & Dewey offers an interdisciplinary team approach that combines the efforts of experienced tech-savvy litigators with Information Technology (IT) and Records & Information Management (RIM) professionals to help companies develop document retention policies that foresee electronic discovery issues that may arise from audits, investigations, litigation or alternative dispute resolution. We identify and apply industry standards and best practices combined with an ongoing study of the evolving case law. There is no one-size-fits-all document retention solution.

Bowditch & Dewey's eDiscovery & Document Retention Policy Practice Area services include:

  • Identification, collection, processing, review and production of email, electronic documents and metadata in litigation and arbitration involving substantial electronic evidence 
  • eDiscovery Response Plans for potential claims and litigation 
  • Evaluation of the electronic stored information components of claims and litigation 
  • Vendor selection for litigation support, forensics and processing of electronic stored information 
  • Contract advice for contracts with vendors who are in possession, custody and control of data or records 
  • Special eDiscovery Counsel as liaison in specific matters or across matters requiring extensive knowledge of both IT and discovery 
  • Assessment of litigation readiness: protocols for response to audit, investigation, litigation and arbitration and creation of a litigation readiness committee in advance of claims 
  • Legal hold policies and protocols for specific claims or as part of a preventative strategy 
  • Evaluation of current Document Retention Policy in conjunction with Information Technology and Records & Information Management professionals: assessment/audit of organizational policies, protocols and practices regarding creation, use, storage and destruction of documents and records to identify weaknesses, gaps and litigation risks 
  • Development of New Document Retention Policies in a team approach for legally defensible organization-wide document retention/destruction policy and protocols based on industry standards, best practices and current law 
  • Conduct internal investigations as the first response team for harassment, fraud or suspected criminal activity involving an organization's IT system and computers 
  • Evaluate privacy issues 
  • Train management in the best practices for managing electronic records, legal hold and litigation readiness  

For more information about the Bowditch & Dewey eDiscovery Practice & Document Retention Practice please contact Steven J. O'Neill, Esq. at soneill@bowditch.com or (508) 926-3426.