Electronic discovery compliance is becoming an increasingly important (and expensive) aspect of litigation. KMK lessens the heavy burdens placed upon companies, in-house counsel, and executives regarding the protection of electronically-stored information pertinent to anticipated litigation and discovery requests. The consequences of non-compliance can be severe, and may include large cash sanctions, negative inferences and jury instructions, dismissal of all or part of a case, or a summary ruling in favor of the other party without a trial on the merits of the case. Officers, owners, and executives may have affirmative duties to preserve electronically-stored information when placed on notice of litigation. Balancing the growing cost of ESI compliance against the risk of non-compliance in the fact of emerging standards requires skilled and knowledgeable counsel.
KMK has developed the expertise to determine what may trigger a client’s duties to preserve electronically-stored information, and the legal and internal processes that are required to protect clients. In doing so, we consider existing continuity capabilities and seek to minimize cost and duplication by incorporating these whenever possible. Our expertise is sought nationwide, and several of our attorneys are authors of Wisconsin’s seminal treatise on discovery law and practice. Their successes in court on e-discovery issues has at times involved core-decisive rulings for our clients.
Working closely with our e-discovery vendors, we are able propose a number of alternative solutions that meet the particular needs of our business clients, control cost, comply with emerging standards, and maximize efficiency.