EXPERIENCED COUNSEL

Discovery Services

LEADERSHIP: Jason Lichter

Representative ERM engagements include:

  • drafting and implementing record retention programs and policies that concentrate on ESI and ensure compliance with applicable law
  • drafting and implementing e-mail retention policies
  • drafting, implementing and managing “litigation holds” to avoid allegations of spoliation and potential sanctions
  • conducting internal investigations into alleged improper access of confidential ESI
  • training on corporate e-mail use, document retention and other records retention issues
  • advising clients on their relations with records management vendors
  • auditing compliance with records retention policies.

E-Discovery Representative Engagements

Pepper’s experience in e-discovery includes:

  • developing and implementing rationale and plan for the identification, retrieval, review and production of paper documents and ESI in federal class actions, multidistrict litigation (MDL), mass tort litigation and other large, document intensive cases throughout the United States
  • serving as e-discovery liaison to an MDL court
  • drafting search and retrieval protocols for electronic records, including negotiating search terms with adversaries
  • coordinating retrieval and review process for electronic records with e-discovery vendors and contract attorneys
  • developing expert witnesses to testify regarding parties’ preservation and collection of electronic records
  • coordinating with computer forensics experts in the identification and analysis of company-wide hard drives and databases.

Privacy and Data Security Representative Engagements

Some of Pepper’s privacy and data security engagements include:

  • assessing, designing and implementing information security and privacy compliance programs
  • drafting policies and counseling employers on e–mail privacy issues in the workplace
  • assessment and compliance advice on state and federal identity theft laws
  • advice on criminal investigations into data and computer security breaches
  • responding to security and privacy incidents and creating remedial plans and compliance protocols
  • structuring e-commerce arrangements, including regulatory advice in privacy, security, CAN-SPAM and state, federal and international legislation.