Partners David S. Osterman and Leah A. Brndjar of the Product Liability practice group discuss the e-discovery strategies to take to ease through a complex and expensive process. In “E-discovery and the Defense of a Product,” David and Leah give tips on modern litigation tactics such as: educating yourself, implementing a record retention policy, knowing the “whos and the “wheres,” and hiring the right experts.
“Reliance on technology, and the electronic data that comes from it, is ubiquitous today across all industries. In everyday business practices, employees communicate by email, draft presentations, track spreadsheets, and post social media content. Customers interact with companies by recorded telephone lines, through emails, and on social media platforms. Every one of these instances constitute electronically stored information, or ESI. When it comes to ESI, companies create and maintain it, and litigators live for it.”
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In his nearly 30-year career, David has defended a wide range of product liability and catastrophic injury cases, including cases involving consumer, pharmaceutical and industrial products, toxic torts, and complex commercial disputes. Dave’s practice involves the representation of manufacturers, retailers, and distributors of a wide variety of products including pharmaceutical and medical device products, consumer products, food products, heavy industrial machinery, airplanes, outdoor power equipment, gas grills, glass products, and flammable fabrics.
Leah has a diverse litigation and business background, with a practice that includes defending matters in areas such as product liability, personal injury, and premises liability. She defends civil lawsuits but also seeks to help clients avoid litigation by reviewing their policies and procedures to ensure compliance with the most up-to-date legal constructs. Leah frequently appears before state and federal courts, on both the trial and appellate levels, and helps clients resolve their legal disputes through mediation and arbitration.