1 MTASC Spring Meeting 2009 IT Policies, E-Discovery, Records Management & FOIA
2 THE MAIN PRINCIPLE E-docs Party in litigation, non-party subpoena, FOIA E-Discovery costs are directly related to the AMOUNT of ESI that must be preserved, reviewed and produced. Key = USE the computer to manage/reduce the volume of ESI. You CANNOT do E-Discovery by printing electronic files to paper.
3 It depends. Question #1: What is a reasonable request for ESI? Criminal or civil? Party or non-party? Agency records or personal employee records? Legal issues (fraud, patent infringement, employment discrimination, slip and fall)? Value of the case? Jurisdiction (state or federal or administrative agency)? LEGAL must be engaged at the beginning.
4 Rules When Party to Litigation ESI=VERY broad Document Freeze (includes metadata) Once litigation is reasonably anticipated Litigation Hold protocol Due diligence interviews of custodians Chain of custody Storage on secure store (back up) Back Up Tapes (archive v. disaster recovery) Must work with legal to narrow scope and identify key sources
5 Rules When Responding to Subpoena Narrowly tailored request Designated ESI Once subpoena is received, freeze instituted (may include metadata ) Legal should review ASAP (14 days to object) Rule 45 requires no undue burden imposed on non-parties (cost & man power) Mandatory cost-shifting for significant expenses Fannie Mae contempt citation upheld (8% agency budget spent on contract attorneys searching/reviewing s on disaster recovery tapes)
6 Rules When Responding to FOIA Request ESI=agency records (narrow exemptions) Once FOIA request received, freeze instituted Duty to preserve v. produce Must conduct a reasonable search for documents 30 days under SCFOIA to respond FOIA exemptions are narrowly construed Reasonable costs does not include attorney review time under the SCFOIA (should be changed; negotiate with requesting party) 1 GB = $10,000 (search, collect, process, review and produce) Is metadata a public record? (Arizona says no)
7 It depends. Question #2: Must IT Convert Data to Format Requested? Party to litigation= must produce files as kept in ordinary course and in format reasonably accessible to opponent (native,.pdf). Parties should agree at outset on format (TIFF with links to metadata, hard copies scanned with OCR) Non-party/subpoena= same as above, but cost burden is borne by the requester typically FOIA= unsettled; can move for protective order
8 Question #3: Must Metadata Be Produced? Party to litigation= metadata is evidence and must be preserved and produced (as a general rule) Responding to subpoena= same as above, unless otherwise agreed upon. FOIA response= unsettled. Should still preserve metadata even if metadata will not be produced.
9 Question #4: What types of metadata tied to other data should be omitted? Privileged/confidential communications Redacted documents (re-run OCR) Proprietary/trade secret information (if applicable) Be careful when PHI or other information protected by privacy laws are being exchanged (SS#s, etc.) Converting word docs to.pdf is required in federal filings, but poses issues so be sure your lawyer understands this.
10 Question # 5: Should You Have Defined Data Retrieval Processes? Yes. Litigation Hold Protocol. Collection Protocol. Chain-of-Custody Protocol. Formal usage and policies. Auditing and training for compliance. Document, document, document.
11 Question #6: How Should Reasonable Fees Be Set Up? Per gigabyte charge (should include preservation, collection, and production) Cannot charge for attorney review time, although this is typically the biggest expense. Negotiate costs, or move for protective order if necessary. Reasonableness to cost of the production v. value of the litigation Use web-based resources to lower costs in high profile matters (Shuttle Columbia disaster s are posted on the web)
12 Question #7: What about data mining requests from for-profit companies? Raw information can be FOIA d Unless it falls within the statutory enumerated exemptions, or Is protected from disclosure by federal or state law (HIPAA and PHI; privacy laws; etc.) FOIA counsel should be consulted
13 Question #8: What Can You Copyright? Seago v. Horry County, 378 S.C. 414, 663 S.E.2d 38 (2008) Question: Whether further dissemination of public documents obtained pursuant to SCFOIA may be restricted where the government entity claims the information is copyrighted under federal copyright law? Answer: Yes.
14 Seago v. Horry County Horry County s geographic information systems (GIS) department developed a digital database to combined several layers of mapping information onto one digital photographic map of the county (4,000 orthophoto aerial images of the county compressed into a seamless collage in Mr. Sid computer format. $7.5 million to develop $1 million/year to maintain FOIA request for Orthophoto Coverage in Mr. Sid format (Countywide).
15 Seago v. Horry County County charged $100 for copy and required requester to sign licensing agreement restricting further commercial use without County approval. Requester refused to sign licensing agreement. Ruling: FOIA grants the public immutable right to access public records. State and political subdivisions may obtain copyrights to the extent it could be shown that the copyrighted material contained original material, research and creative compilation.
16 Copyrights Cannot copyright information or data Can copyright unique format (database, proprietary software) Consult copyright lawyer Note: In litigation, you may have to provide your opponent with copy (under Protective Order) if data is not reasonably accessible without access to the proprietary technology.
17 Question #9: How Does Presenting Information on the Web Harm/Hurt? Fact of life Government in the sunshine Public Records=web access (money/time saver) EFOIA. Records that contain PHI, or information protected by privacy laws should not be publicly available (restricted access; intranet possibly); should encrypt this information if sent across wire Wayback machine (internet archive) Redacted.jpgs (BE careful!!!)
18 IT Policies E-document retention policy (records v. non-records) Information systems and internet usage policy (access, data security, authorized use) policy Litigation hold ( document freeze ) protocol Discovery response ( data retrieval ) protocol FOIA response protocol
19 Components of Policy Purpose: To make sure that is used and stored properly. Policy Prohibited Activities Personal Use Storage/Retention Litigation Hold Enforcement/Consequences
20 Property of Entity NOT Employee s are the property of the entity not individual employee. Includes work s Includes personal s on the system
21 No Expectation of Privacy 9 th Circuit/Fourth Amendment Employees have no expectation of privacy. s may be monitored. s may be read by and produced to others. Particularly true for government employees.
22 New York Times Rule Employees should treat s as if they will be made public. If you would not want an to appear on the front page of a newspaper, don t send it. Includes government s sent from personal computers, laptops, PDAs
23 Confidential Information Do not use to send confidential or sensitive information. Be aware that PHI is confidential and sensitive information.
24 Secure If confidential or sensitive information must be sent by e- mail, it must be sent by secure e- mail. Designate types of information that must be sent by secure .
25 Access Can Be Denied access is a privilege. access can be taken away.
26 Prohibitions Prohibited Uses No crimes No civil violations No sexually explicit material No harassment No abusive or offensive language Etc.
27 Personal Use of Reasonable personal use may be allowed, except: No Prohibited Uses No interference with work (yours or co-workers) No storage of personal s the system No expectation of privacy Disclaim liability for disclosure of personal information!!
28 Reasonable Personal Use
29 Storage and Retention Policy s should be reviewed daily/weekly. records should be archived. s that are not records and have no business purpose should be deleted. Inbox, Sent and Deleted Folders may be automatically deleted every days. BE CAREFUL HERE!
30 Litigation Hold Policy Must Include Freeze for Litigation Employees must stop deleting relevant s once they are notified of a Litigation Hold
31 Enforcement and Consequences Monitor for compliance. Failure to follow policy can result in disciplinary action, including termination. Compliance is everyone s responsibility.
32 Sending Messages Responding to Messages Receiving Messages Forwarding Messages Deleting Messages Storing Messages Organizing Messages Explaining & Training How To Follow Policy
33 Litigation Hold Protocol Party s Obligation- Once litigation is reasonably anticipated, party must suspend normal retention/destruction policy and put in place a Litigation Hold to ensure preservation of documents.
34 Duty to Preserve Evidence (1) Issue clear preservation instructions; (2) Oversee client s compliance with litigation hold, monitoring party s efforts to retain and produce relevant documents; Understand how client s information system operates as well as document retention/destruction policies Speak with IT re: systems, destruction policies, automatic delete features for , e- docs Interview key players to understand how they use and store data or system-wide key word search. (3) Periodic reminders.
35 # 1 Issue Litigation Hold Notice Preservation Letter or Issued by top officer (pay attention) Paralegal/assistant not sufficient Must be someone that employees will obey
36 Litigation Hold Notice Written instructions re: duty to preserve and consequences for failing to do so Require a signed and dated response Unsettled Law Attorney-client privileged/work product Be careful (bad faith/spoliation=discoverable) Document, document, document
37 # 2 Oversee Compliance with Hold Non-Delegable Duty Meet with IT Interview key custodians (especially about organization of online data and location of offline data) Off-site storage Third parties in custody or control of client data
38 IT and Legal Must Meet Understand client systems and data Explain preservation duty Locate sources of potentially relevant ESI Visit IT department for backup tapes Co-ordinate plan to freeze and preserve ESI Always double-check that preservation efforts worked IT can be deposed under Rule 30(b)(6) Document, document, document!
39 IT Personnel Are Essential Pull backups/may be offsite Disengage automatic delete features for Retention/destruction policies Archives, legacy systems, off-site storage Protocol for preserving data going forward Document, document, document!
40 Meet with Key Players Ensure they received Litigation Hold notice Ensure they understand duty to preserve Explain consequences for failure to preserve Explain that delete does NOT mean gone Document, document, document!
41 Meet with Key Players Ask about offline storage CD, DVD, flash drive Cell phone, PDA, personal laptop, personal account Inquire into how online data is organized s E-docs Voice mail Develop key word searches
42 # 3 Periodic Reminders Should be written with personal follow-up Continue to update IT as new witnesses are identified & others data becomes not as important to retain going forward Reasonableness about timing of reminders What will be done with preserved data AFTER litigation is over? Document, document, document!
43 Electronic Records Management Makes good business senses; Facilitates easier and more timely access to necessary information; Controls the creation and growth of information, thereby reducing operating and storage costs; Improves efficiency and productivity; Incorporates information and records management technologies as they evolve; Meets statutory and regulatory retention obligations; Meets litigation obligations; Protects the integrity and availability of business critical information; Leverages information capital and making better decisions; and Preserves corporate history and memory, including evidence to support corporate governance and compliance initiatives. The Sedona Guidelines: Best Practice Guideline & Commentary for Managing Information & Records in the Electronic Age (Sept. 2005).
44 Sedona Guidelines for Electronic Records Management An organization should have reasonable policies and procedures for managing its information and records. An organization s information and records management policies and procedures should be realistic, practical and tailored to the circumstances of the organization. An organization need not retain all electronic information ever generated or received. The Sedona Guidelines: Best Practice & Commentary for Managing Information & Records in the Electronic Age (Sept. 2005)
45 Sedona Guidelines for Electronic Records Management An organization adopting an information and records management policy should also develop procedures that address the creation, identification, retention, retrieval, and ultimate disposition or destruction of information and records. (who has access to information, who is responsible for retention, and who has the authority to destroy information?) An organization s policies and procedures must mandate the suspension of ordinary destruction practices and procedures to comply with preservation obligations related to actual or reasonably anticipated litigation, governmental investigation or audit. The Sedona Guidelines: Best Practice & Commentary for Managing Information & Records in the Electronic Age (Sept. 2005)
46 Records Defined Under Federal Records Act All books, papers, maps, photographs, machine readable materials, or other documentary materials Regardless of physical form or characteristics Made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government Or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included. FRA, 44 U.S.C
47 Managing Information & Records Information must be retained when: Local, state or federal law or regulation mandates continued availability and access; Internal organizational requirements, including policies and contracts or other record-keeping requirements, mandate retention; Information must be preserved under a litigation hold; or Information has other value to organization.
48 Getting Started Sedona conference Principles of electronic records discovery & management U.K.National Archives Toolkits, workflows, proposed language (U.S. National Archives S.C. Archives ( archives and records management link) Retention schedules Electronic records program policy components
49 What is E-Discovery? Traditional Discovery Receive Request Locate Documents File Cabinets Personal Storage Trash Bin Review Documents Examine Documents Flag Relevant Files Produce Documents
51 B I G small
52 E-Discovery Cost Savers
53 Cost Saver: Organization Companies whose boxes are organized will significantly reduce costs: Searching entire inbox vs. Organized Folders Reduces: 1. Server Space 2. Number of potentially harmful documents 3. Time spent looking for documents
54 Cost Saver: Data Organization Companies who have document management systems or protocols will have significantly lower costs Costs of data Server space Energy costs Ediscovery processing
55 Cost Saver: Non-Standard Files Companies that use proprietary software will have significantly increased e-discovery costs Addressing these files with plan up front will reduce surprising costs down the road Native production Higher risks (waiver) More intensive attorney-review (experts)
56 Cost Saver: Forensic Examination Mirroring the hard drive is not always necessary. Some cases have nothing at all to do with metadata or deleted files. Forensic imaging costs and quickly add up. Having a plan in place to isolate and secure data will keep you from having knee jerk reactions to data collection!
57 Cost Saver: Searchability Dealing with e-docs means letting the computer do the work Use the computer not people to locate responsive or privileged files Thoughtfully develop document storage policies Use naming conventions for documents being archived
58 Cost Saver: Vendor Selection With large data collections it is often easier to allow third-party help. Suggestions Set a threshold Stick to the plan Have vendors / consultants that can be routinely called on and are familiar with your specific needs E-Discovery vendors are not one size fits all Some do paper/scanning well Some handle MS Office files Some handle computer forensics
59 Cost Saver: Backup Tapes Locate all of your backup tapes Ask everyone Ask again. Companies who use backup tapes as disaster recovery only will significantly reduce their costs day rotation deemed reasonable by the courts Stick to the plan!
60 Cost Saver: Technical Knowledge E-discovery is highly technical Mistakes are very costly HSB E-Discovery Task Force (legal and technical) Litigation Response Team IT people In-house counsel Outside counsel Technical liaison
61 Cost Saver: Security Who walks around with your data? Data Security Plan Sensitive/confidential data must be protected from disclosure Chain of custody is key 1 GB Flash Drive: Can cost $10,000 to process, review, and produce for litigation.
62 Thank You Sarah Michaels Montgomery, Esq. Haynsworth Sinkler Boyd, P.A. Gray Wallington, Haynsworth Sinkler Boyd, P.A.
E-Discovery Toolkit for Educational Institutions The e-discovery process the search of electronic records for use as legal evidence can cost educational institutions thousands of dollars and hours. The
POOLING PROVISIONS The E-Discovery Process A publication of Nevada Public Agency Insurance Pool The e- discovery process the search of electronic records for use as legal evidence can cost thousands of
125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION
A BNA, INC. DIGITAL DISCOVERY & E-EVIDENCE! VOL. 7, NO. 11 232-235 REPORT NOVEMBER 1, 2007 Reproduced with permission from Digital Discovery & e-evidence, Vol. 7, No. 11, 11/01/2007, pp. 232-235. Copyright
Department of Veterans Affairs VA Directive 6311 Washington, DC 20420 Transmittal Sheet June 15, 2012 VA E-DISCOVERY 1. REASON FOR ISSUE: To establish policy concerning the care and handling of documents
Electronic Discovery L. Amy Blum, Esq. UCLA University of California, Los Angeles 1 Topics Not Covered Best practices for E-mail E use and retention in the ordinary course of business Records Disposition
Policy Number: M-17 University of Louisiana System Title: RECORDS RETENTION & Effective Date: OCTOBER 10, 2012 Cancellation: None Chapter: Miscellaneous Policy and Procedures Memorandum Each institution
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. firstname.lastname@example.org Scott Polus, Director of Forensic Services email@example.com 1 Where Do I Start??
Issued by the EPA Chief Information Officer, Pursuant to Delegation 1-19, dated 07/07/2005 PROCEDURES FOR ELECTRONIC MANAGEMENT OF RULEMAKING AND OTHER DOCKETED RECORDS IN THE FEDERAL DOCKET MANAGEMENT
This is a sample approach to developing a sound document collection process, referenced at Section II(7)(vi) of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should
E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.
No. IT 135 Effective Date: 7-1-2011 Last Revised Date: 6-23-2014 Approved By: IT Director Policy Name: E-Discovery Policy Citywide Policy _ IT Policy _ IT Procedure X Purpose: To ensure that e-discovery
ELECTRONIC DISCOVERY Dawn M. Curry Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone 617.439.2000 www.nutter.com E-Discovery Facts 93-99% of
ediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director Background Olivia Gerroll, ediscovery Solutions Group Director Over sixteen years of experience in litigation
ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational
University of California, Merced Measures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI) Responsible Officials: Executive Vice Chancellor and Provost Vice Chancellor
CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline) David J. Chavolla, Esq. and Gary L. Kemp, Esq. Casner & Edwards, LLP 303 Congress Street Boston, MA 02210 A. Document and Record Retention Preservation
Managing the E-Discovery Process: Guidance for Federal Agencies Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Message from the Associate Attorney General Message from Magistrate Judge Paul
Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules
City of Venice Information Technology Usage Policy The City of Venice considers information technology (IT) resources to be city resources. It shall be the policy of the city to maintain these resources
102 ediscovery Shakedown: Lowering your Risk Long-Term Care Session HCCA Compliance Institute April 27, 2009 Las Vegas, Nevada Presented by: Diane Kissel, Manager IS Risk & Compliance Kindred Healthcare,
Records Management Electronic Records and Electronic Discovery Office of the Secretary of the Commonwealth Division of Public Records 617-727-2832 www.sec.state.ma.us/pre/predix.htim Agenda Records Management
Everything You Wanted to Know About ESI and E-Discovery but Were Afraid to Ask Jason M. Pistacchio Presented By: Gregory S. Johnson Attorney Attorney/Legal Technologist Cosgrave Vergeer Kester LLP Paine
E-Discovery in Michigan ESI Presented by Angela Boufford DISCLAIMER: This is by no means a comprehensive examination of E-Discovery issues. You will not be an E-Discovery expert after this presentation.
: Discovering What There Is to Discover One of the challenges in electronic discovery is identifying the various sources of electronically stored information (ESI) that could potentially be relevant to
Public Information Program Public Records Policy Purpose This policy is adopted pursuant to the Government Records Access and Management Act Utah Code Ann. 63G-2-701 ( GRAMA ) and applies to District records
DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,
Email Management: A Legal Perspective The Texas A&M University System Office of General Counsel Agenda 1) Applicable Disclosure Requirements 2) Records Retention for Email 3) Confidentiality Obligations
Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics firstname.lastname@example.org 410-659-3473 Table of Contents Page 1 Electronic
E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments Andres De Aguero, Senior Lead, Deloitte Consulting LLP David F. Axelrod, Director, Deloitte
Policy No: 3008 Title of Policy: Preservation and Production of Electronic Records Applies to (check all that apply): Faculty Staff Students Division/Department College _X Topic/Issue: This policy enforces
UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia
Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those
E-Discovery for Paralegals: Definition, Application and FRCP Changes April 27, 2007 IPE Seminar Initial Disclosures ESI Electronically Stored Information FRCP 26(a)(1)(B) all ESI must be disclosed initially
EMAIL MANAGEMENT GUIDELINES FOR COUNTIES AND MUNICIPALITIES 1. Purpose The purpose of these guidelines is to ensure that the electronic mail records of county and municipal government officials and employees
Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 email@example.com Introduction The following
10.03 Board of County Commissioners Leon County, Florida Title: Public Records Law, E-mail, Social Media/Networking, and Archiving Date Adopted: April 12, 2011 Effective Date: April 12, 2011 Reference:
2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,
Records and Information Management Program Policy and Procedure Responsible Office Office of the General Counsel Effective Date 04/01/2012 Responsible Official General Counsel Last Revision I. Rationale
E-Discovery in Practice: A Roadmap for Financial Institutions Martha R. Mora Martha R. Mora, Esq. ARHM&F Avila Rodriguez Hernandez Mena & Ferri LLP 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida
ESI DEMYSTIFIED Streamlining the E-Discovery Process Through Internal Processes and Controls Melinda Burrows Bruce Cosgrove* The widespread proliferation of electronically stored information (so-called
Forensically Sound Preservation and Processing of Exchange Databases Microsoft Exchange server is the communication hub for most organizations. Crucial email flows through this database continually, day
What is ediscovery? Electronic discovery ( ediscovery ) is discovery of electronic information in litigation. ediscovery in California is governed generally by the Civil Discovery Act. In 2009, the California
Viad Corp Records Management Policy TABLE OF CONTENTS 1. PURPOSE... 2 Definitions... 3 2. PROCEDURES... 3 Management of Records.... 3 Retention in the Event of Dispute, Litigation, Subpoena, or Inquiry...
A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to
Archiving and The Federal Rules of Civil Procedure: Understanding the Issues An ArcMail Technology Research Paper ArcMail Technology, Inc. 401 Edwards Street, Suite 1620 Shreveport, Louisiana 71101 www.arcmailtech.com
United Cerebral Palsy of Greater Chicago Records and Information Management Policy and Procedures Manual, December 12, 2008 I. Introduction United Cerebral Palsy of Greater Chicago ( UCP ) recognizes that
E-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt 1. YOU MUST CHANGE THE WAY YOU REQUEST DOCUMENTS - FRCP 34(a) explicitly recognizes
Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several
PROCEDURE 4040P Community Relations PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS Electronic Discovery Committee To help meet its obligations, the WSD uses an Electronic Discovery Committee, made up
Town of Florence POLICY TITLE: EMAIL RETENTION POLICY RESPONSIBLE DEPARTMENT: Town Clerk Office APPROVAL: EFFECTIVE DATE: JULY 1, 2010 AP / RESOLUTION NO.: 2010-02 REFERENCES: TOWN MANAGER SIGNATURE: TOWN
Article originally appeared in the Fall 2011 issue of The Professional Engineer Electronic Discovery in Litigation By Douglas P. Jeremiah, P.E., Esq. Your firm is involved in litigation and you get the
STI GROUP DISCUSSION WRITTEN PROJECT ediscovery FOR GIAC ENTERPRISES - DATA CLASSIFICATION, RETENTION, AND LITIGATION POLICIES AND PROCEDURES Version 1.1 September 22, 2007 Team: Russell Meyer, Brad Ruppert
CHAPTER 9 RECORDS MANAGEMENT (Revised April 18, 2006) WHAT IS THE PURPOSE OF RECORDS MANAGEMENT? 1. To implement a cost-effective Department-wide program that provides for adequate and proper documentation
1 Purpose and Scope The purpose of this policy is to: Identify the types of College-related electronic information, including the location of the information; Identify what departments or individuals are
Records Management Plan Harris County, Texas Prepared By: Harris County CTS Reviewed and Approved by: The County Attorney s Office The District Attorney s Office The County Auditor s Office October 13,
November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning
E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert While updating the two-day seminar Chris Grillo and
E-Discovery Basics For the RIM Professional By: Andy Sokol, CEDS, CSDS Adding A New Service Offering For Your Legal & Corporate Clients Learning Objectives What is Electronic Discovery? How Does E-Discovery
Department of Homeland Security Management Directives System MD Number: 4500.1 Issue Date: 03/01/2003 DHS E-MAIL USAGE I. Purpose This directive establishes Department of Homeland Security (DHS) policy
Electronic Records Management Guidelines I. Objectives The employees of the Fort Bend Independent School District (the District ) routinely create, use, and manage information electronically in their daily
April 21 st, 2010 From Archiving to Legal Holds: Comprehensive Information Management John Jablonski, Esq., Partner, Goldberg Segalla, LLP Wayne Wong, Managing Consultant, Kroll Ontrack 2010 Kroll Ontrack
REED COLLEGE ediscovery GUIDELINES FOR PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS TABLE OF CONTENTS A. INTRODUCTION... 1 B. THE LANDSCAPE OF ELECTRONIC RECORDS SYSTEMS... 1 1. Email Infrastructure...
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
B O N N E V I L L E P O W E R A D M I N I S T R A T I O N BPA Policy 236-1 Table of Contents 236-1.1 Purpose & Background... 2 236-1.2 Policy Owner... 2 236-1.3 Applicability... 2 236-1.4 Terms & Definitions...
State of Michigan Records Management Services Guide to E mail Storage Options E mail is a fast, efficient and cost effective means for communicating and sharing information. However, e mail software is
UNITED STATES DEPARTMENT OF AGRICULTURE Farm Service Agency Washington, DC 20250 Notice AS-2256 For: FAS and FSA Employees and Contractors FSA-297, Certification for Stored Litigation Hold Documents Approved
Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information
RECORDS MANAGEMENT TRAINING EVERYONES RESPONSIBILITY Marine Corps Community Services MCAS, Cherry Point, North Carolina COURSE INFORMATION Course Information Goal The goal of this training is to provide
Todd Heythaler Information Governance & ediscovery Trends & Landscapes State & Local Government Challenges Approach to ediscovery & FOIL requests Getting Started Trends & Landscape Requests for Information
Southern Law Center Law Center Policy #IT0014 Title: Privacy Expectations for SULC Computing Resources Authority: Department Original Adoption: 5/7/2007 Effective Date: 5/7/2007 Last Revision: 9/17/2012
I. Some Key Considerations In Whether To Engage An E-Discovery Vendor (Or Vendors) A. It is difficult to decide whether to retain a vendor if you don t know what your organization can do and at what cost.
Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)
Electronic Discovery and Disclosure: Managing & Producing Electronic Information Washington State Office of the Attorney General 1 Overview of Presentation EDD (Electronic Discovery and Disclosure) ESI
ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery ZL TECHNOLOGIES White Paper PAGE 1 A project manager s guide to e-discovery In civil litigation, the parties in a dispute are required to provide
Introduction: STATE OF WYOMING Electronic Mail Policy Pursuant to Executive Order 1999-4 dated the 23rd of December, 1999 Electronic mail (e-mail) enables the user to send and receive messages, make appointments,
GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Experience increasingly demonstrates that discovery of electronically stored information ( ESI poses challenges
CLIENT MEMORANDUM Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014 August 28, 2014 Mandatory application of e-discovery Mandatory application of e-discovery to
Records Management Training 101 Learning Objectives This training is designed to help you: Understand the importance of Records Management and why records are maintained Understand your RM responsibilities
COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS Introduction While electronic documents are included in the definition of document contained
Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have
1. Purpose: This policy is intended to help personnel determine what information sent or received by email should be retained and for how long. The information covered in this policy includes, but is not
Records and Information Management and Retention Association of Corporate Counsel Nonprofit Organizations Committee Legal Quick Hit March 13, 2012 3 pm ET W. Warren Hamel Venable LLP 750 E. Pratt St. Baltimore,
Software Policy Approved by School Committee General Statement of Policy The Medford Public Schools licenses the use of computer software from a variety of third parties. Such software is normally copyrighted
Chapter 2.82 RECORDS MANAGEMENT 2.82.010 Government records findings--recognition of public policy. The council of Salt Lake County finds the following: A. It is in the best interests of Salt Lake County
Administrative Procedure Number: 707 Effective: 5/13/2011 Supersedes: INTERIM Page: 1 of 11 Subject: RECORDS RETENTION, MANAGEMENT, AND DISPOSITION PROGRAM 1.0. PURPOSE: 1.1. To establish and administer
KPMG Forensic Technology Services Managing Costs in e-discoverye October 14, 2010 1 Agenda: Strategies to Manage Costs in e-discovery Pre-collection Strategies Filtering Strategies Review and Production