Litigation
For over fifteen years, Mr. Coughlin has handled a wide variety of civil litigation in State and Federal Courts in New Jersey and Pennsylvania. The cases have varied in size from municipal court trials and single party claims worth a few thousand dollars to disputes of fortune 50 companies worth millions of dollars. These suits have arisen in a variety of legal subjects, including:- Breach of Contract (Employment, Real Estate, Services, Sales)
- Consumer Fraud/Warranty
- Product Liability/Personal Injury
- Corporate Acquisitions
- Franchise Disputes
- Intellectual Property
- Insurance Coverage
- Municipal/Motor Vehicle Violations
- Professional Liability
- Real Estate Transactions
- Construction
- Collection and Book Account Disputes
Electronic Discovery and Document Retention
Because of society’s reliance on computers and electronic devices, studies show that 80 to 95 percent of business communications are conducted electronically instead of on paper. This translates into substantial increases in the volume of information exchanged during the discovery phase of litigation.
Many laws, including the Rules of Court which govern how litigation is conducted, have changed dramatically to keep up with the new currency of information. These developments have spawned a cottage industry in the field of “e-discovery” where companies are spending billions on technical vendors, technology upgrades and lawyers to modify policies and prepare to handle litigation in the digital age. In 2006, parties to litigation paid “e-discovery” vendors alone over $2 billion, and projections indicate that number will double by 2009.1 These figures do not include legal fees or the direct cost to companies in overhead resources; nor do they include actual judgments or sanctions levied against litigants for mishandling data.
These costs are driven by two factors: volume of data and policies/strategies in place to manage data in the context of litigation readiness. Mr. Coughlin has written and lectured on the subject of electronic discovery and document/data retention since long before the Rules of Court began to change (Mr. Coughlin's publications). Because of his expertise in the subject, Mr. Coughlin regularly serves as an “e-discovery” consultant, assisting in the creation of document and data retention policies and litigation response plans that substantially reduce the costs and exposure associated with “e-discovery.” The key to a successful and cost effective plan is to address the issue proactively, and if appropriate reduce the volumes of data stored unnecessarily, well before litigation is expected.