Managing Electronic Discovery Risks and Costs

Plaintiffs' counsel are increasingly attempting to garner leverage in product litigation through unreasonable and costly requests for electronically stored information (ESI). Pharmaceutical and medical device manufacturers can be prime targets for this tactic. Nelson Mullins has significant experience in helping pharmaceutical and medical device companies anticipate these risks before litigation and develop case strategies that minimize costs and risks in preservation, collection, and production of ESI. Nelson Mullins currently serves as national electronic discovery counsel for a major pharmaceutical company and works with several others on litigation preparedness projects, including developing streamlined search and retrieval procedures, issuing and evaluating RFP's for ESI vendors, developing inventories and default litigation positions for company data sources, preparing witnesses for and defending 30(b)(6) depositions focused on company data sources (including adverse event databases) and defending collection and production efforts.

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