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Practices

E-Discovery & Document ManagementView Practice as PDF

E-discovery is a rapidly and ever-evolving area due to the explosion of electronically stored information and continued advances in technology. BSCR uses cutting edge technology to craft effective, efficient, and innovative document management solutions tailored to the needs of each individual project - large or small.

Our e-discovery group capitalizes on the unique experience our professionals offer, including our IT team’s understanding of our client’s technical needs, a network of vendors to provide quality and competitively-priced services, our litigation support specialists who can transform ESI tools into effective discovery and trial resources, and creative defense lawyers who proactively evaluate the ESI needs of each case. Our team has managed numerous national litigations and knows the “ins and outs” of many different document management programs. Further, our e-discovery attorneys actively monitor case law, procedural, and industry developments to ensure our clients have the benefit of cutting edge discovery practices. As a result, BSCR can confront any phase of e-discovery, including early assessment, preservation and collection, review, and trial presentation, in a budget-friendly manner.

Early Case Assessment

We believe clients benefit most from an early case assessment process that combines our attorneys’ experience with robust early case assessment software. The early case assessment process includes a risk-benefit analysis of different courses of preservation and production, while relying on software to assist in understanding the scope and sources of production. This process provides a streamlined experience as a discovery strategy is developed and the litigation process continues, enabling us to quickly identify, cull, and analyze key documents. Because we can assess the volume and relevancy of information quickly, our attorneys are able to help clients make strategic decisions early in litigation.

As trial attorneys, we never shy away from courtroom contests, and our e-discovery team is committed to ensuring no client is priced out of litigation due to e-discovery costs. However, our early case assessment process also identifies cases where it is more advantageous for the client to avoid burdensome discovery battles, and our attorneys are skilled at using knowledge gained from the early case assessment process to negotiate cost-effective settlements.

Our firm is experienced in conducting early case assessment analyses in matters with only a few thousand pages to litigation involving several million pages. Regardless of the size of our client or case, our e-discovery team is adept at developing an early case assessment plan tailored for each particular case, ensuring proper cost controls for the litigation.

Review

BSCR has ample experience overseeing document reviews, both in-house and offsite by domestic or overseas vendors. Our attorneys, litigation support specialists, and IT professionals have extensive knowledge of software programs utilized in the e-discovery and document management process and leverage them to efficiently process, review, and analyze documents, using a variety of analytic tools. We use the most efficient tools available on the market to get to the key facts; thereby reducing the turnaround and saving clients valuable time and money.

Trial

With early case assessment and review tools, our attorneys and litigation support specialists can easily transition from the collection and production of electronically stored information to harnessing the evidentiary benefit your documents offer for use in the courtroom. Our team is trained in a variety of presentation software to develop electronic exhibits that capture the judge and jury’s attention with features such as diagrams, pull-outs, video, and audio. Having handled cases in jurisdictions throughout the country, we recognize the importance of embracing technology to reach jurors accustomed to absorbing information through computers, tablets, and smart phones.

Further, our team is adept at adapting to the technology provided in each courtroom. From trying cases in well-equipped federal courts to providing presentation equipment in the most rural state courts, our trial team has encountered it all. Our experience with e-discovery software in document-intensive litigation enables us to recall the critical “smoking gun documents” or find documents that provide additional context to clarify and mitigate the damage of documents presented by the opposing party – all within a moment’s notice.

Our team succeeds in effectively presenting evidence at trial because we design the entire e-discovery process with the ultimate goal of utilizing electronically stored information when it can matter most – in hearings, mediation, arbitration, and trial.

For more information about our E-Discovery & Document Management practice contact Tom Seigfreid in Kansas City at 816.471.2121 or Caroline Tinsley in St. Louis at 314.231.2925.

News & Events

Jefffery Kruse to Serve on Panel at National eDiscovery Leadership Institute Seminar

09.27.16 | Baker Sterchi Cowden & Rice attorney Jeffery Kruse is one of three panel members slated to speak on the topic of third party subpoenas at the National eDiscovery Leadership Institute Seminar to be held in Pierson Auditorium at the University of Missouri at Kansas City on October 21, 2016. Kruse is joined on the panel by...

Former Boston Scientific Corporation Chief Product Liability Litigation Officer Jeffery Kruse Joins Baker Sterchi Cowden & Rice

10.07.15 | Baker Sterchi Cowden & Rice LLC announces that Jeffery A. Kruse, former Chief Product Liability Litigation Officer at Boston Scientific Corporation, has joined the firm’s Kansas City office as a Member (partner)...

Eisenberg Comments on High Court Sarbanes-Oxley Ruling

02.25.15 | David Eisenberg’s commentary on the significance of the U.S. Supreme Court’s February 25, 2015 ruling in John L. Yates v. United States was included in the Law 360 article entitled Attorneys React to High Court’s Sarbanes-Oxley ‘Fish’ Ruling. In the article, Eisenberg opined:

Tinsley and Lee Author Article on Curbing E-Discovery Costs

01.31.13 | BSCR Member Caroline Tinsley and associate Allison Lee's article entitled "Curbing E-Discovery Costs by Promoting Predictability" was published in the January 2013 issue of For The Defense as part of the DRI Electronic Discovery Committee's collection. . .

Tinsley Appointed DRI Committees Liaison

07.20.11 | Baker Sterchi Cowden & Rice Member Caroline Tinsley has been appointed to the position of Liaison between the DRI Drug and Device Committee and the DRI E-Discovery Committee.

Jarrow Leads E-Discovery Panel at ATA Meeting

08.02.10 | Jim Jarrow led a panel on e-discovery issues at the American Trucking Associations' national meeting for General Counsel on July 28, 2010.

Blog Posts

Court Muzzles Counsel: Says Defendants Cannot Ask Plaintiffs if Their Attorneys Referred Them to Treating Physicians

04.27.17 | The Florida Supreme Court recently ruled that the attorney-client privilege protects a party from being required to disclose that her attorney referred her to treating doctors.

Federal Judges Blow Their Stacks Over Boilerplate Objections

03.27.17 | Within a two-week period, two federal judges issued strongly worded orders denouncing the common practice of asserting boilerplate objections to written discovery.

The Importance of "Clawback Agreements"

04.26.13 | You're in court, dealing with a lawsuit that will include extensive e-discovery. Have you provided for a "clawback" agreement? The Judges and Magistrates of U.S. District Court for the District of Kansas have recently begun instructing lawyers appearing before them in Rule 26(f) conferences that they consider it malpractice for parties not to have a clawback provision included in the submitted draft Scheduling Order.