Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
Since more than 95 percent of all information is electronic and it’s estimated that upwards of 97 billion emails are sent each day, it is no wonder that every lawsuit has electronic evidence. All IT shops protect themselves from disaster with the knowledge that every computer will fail, but computer systems are not designed to provide easy access for lawyers and judges.
In today’s world, it is no wonder that every lawsuit has electronic evidence. Unfortunately, for the most part, lawyers and judges do not understand IT or the Internet. As a result, litigation generally misses the mark regarding what is now referred to as "ESI," or electronically stored information. It is in your best interest to learn more about the legal issues regarding e-discovery to be prepared, since surely everyone reading this article will be impacted in the future, if not already.
Litigation in the United States is controlled by state or federal court systems, or, alternatively, by private arbitrations governed by the rules of the American Arbitration Association — or some other organization, like JAMS, which is a leading private alternative dispute resolution (ADR) provider. Most people are familiar with the trial system because of television and movies, but are unfamiliar with arbitrations in which the hearing (rather than trial) is conducted by non-judges of one to three panel members (most often lawyers, but sometimes industry experts).
IT has become an integral part of the search for ESI in virtually every lawsuit, but lawyers do not always know what to ask or, even worse, how to interpret the answers received back from IT. So, this article will give some advice about what IT needs to be aware of in order to be prepared.
What Is Discovery?
Generally, after a lawsuit or arbitration is filed, there’s a period of time referred to as "discovery" that extends to just before the trial or hearing. Simply put, this is a time when each party of the suit has a chance to ask questions of the other parties. Each side is entitled to inquire about the claims and defenses, so that when the trial occurs there are no surprises. In fact, if a party withholds information, it may be penalized by losing the trial — or a mistrial may be called by the judge or arbitration panel. The evidence that is collected in discovery is used at the trial or arbitration hearing to prove or disprove specific claims.
There are four primary categories of discovery: • written questions referred to as "interrogatories"; • requests for the production of documents and things; • requests for admissions; and • oral testimony called "depositions."
READ THE ENTIRE ARTICLE AT TechNewsWorld Part of the ECT News Network (published on July 9, 2009)
Judges and arbitration panels are having to come to grips with the fact that they have to understand ESI, since every case has some critical evidence that is only electronic. However, only about 5 percent of the cases filed actually go to trial, and most litigation is settled during the discovery process.
Clearly, IT has a role in every lawsuit because of ESI. As a result, the better prepared IT is for litigation, the better things will turn out.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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