Digital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology
|
|
- Victoria Atkins
- 8 years ago
- Views:
Transcription
1 Digital Government Institute Managing E-Discovery for Government: Integrating Teams and Technology Larry Creech Program Manager Information Catalog Program Corporate Information Security Information Technology U.S. Postal Service Daniel Lim Senior Director Assistant General Counsel Guidance Software, Inc. E-Discovery, Records & Information Management Conference March 4, 2010 Washington, DC
2 Discussion Topics P A G E 1 Common misconceptions about E-Discovery requirements for Federal agencies Recommended ways to structure sustainable E-Discovery programs How to put together the right team of agency professionals that will impact implementation success Overview of the available tools and how to integrate technology types to meet specific requirements How a measure of knowledge and planning up-front will reduce risk and time-consuming future efforts Lessons learned Q&A
3 A 2004 Prediction: Zubulake V P A G E 2 Now that the key issues have been addressed and national standards are developing, parties and their counsel are fully on notice of their responsibility to preserve and produce electronically stored information. * * * This Court, for one, is optimistic that with the guidance now provided it will not be necessary to spend this amount of time again. It is hoped that counsel will heed the guidance provided by these resources and will work to ensure that preservation, production and spoliation issues are limited, if not eliminated.
4 P A G E 3 First Things First A Dose of Reality
5 Six Years Later: Pension Committee P A G E 4 Once again, I have been compelled to closely review the discovery efforts of parties in a litigation, and once again have found that those efforts were flawed.... By now, it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records paper or electronic and to search in the right places for those records, will inevitably result in the spoliation of evidence.... This case does not present any egregious examples of litigants purposefully destroying evidence.
6 Factors for gross negligence Pension Benefit P A G E 5 failed to institute a timely written litigation hold failed to collect or preserve any electronic documents prior to 2007 continued to delete electronic documents after the duty to preserve arose did not request documents from key players delegated search efforts without any supervision from management destroyed backup data potentially containing responsive documents of key players that were not otherwise available submitted misleading or inaccurate declarations
7 A Dose of Reality: A Few Common Myths P A G E 6 SOME COMMON MYTHS: Federal entities must now keep every FALSE Federal entities must use archiving FALSE Federal entities must organize their data in a particular way FALSE Federal entities must map their systems FALSE The Rules Changed the Duty to Preserve FALSE The Rules Made Electronic Data Discoverable FALSE
8 A Dose of Reality: Understanding Requirements P A G E 7 What is Required by the Rules? Preservation; Form of production of your ESI; Be able to produce in an agreed upon form or one that is reasonably useable.
9 A Dose of Reality: Understanding Requirements P A G E 8 What are the Practical Implications of the Rules? UNDERSTAND: Need to understand your systems to engage in discussion with opponent; PRESERVE: Need to understand your systems to properly preserve ESI when the need arises; MANAGE A GROWING RISK/COST: Need to develop efficiencies in the method by which you will identify, preserve, review and ultimately produce ESI.
10 A Dose of Reality: Incredible Flexibility P A G E 9 GROW what makes sense for your organization. It Depends On: Litigation profile; How OGC / DOJ is utilized; Internal legal resources; Internal IT resources; General setup of IT systems.
11 Wellness Check: Where are you today? Solution to Conduct Forensically Sound Collection, Preservation & Processing P A G E 10 IN ORDER OF IMPORTANCE Understanding Where Your Data Is and When it Gets Destroyed Establish an ediscovery Department. This is NOT ad hoc work. Strategic Management of ediscovery Knowledge Advanced Planning on Litigation Positions Outside Vendor and Attorney Management
12 Current Issues P A G E 11 Ad Hoc ESI Search and Collection Processes Most OGC Can Point To A Process That Is Defensible. Issue Now Is Streamlining / Improving Efficiencies Self-Collection / Collect and Preserve in Every Case???? Coordination Between Legal & Technology Key Word v. Concept Searching FRE 502 Privilege Considerations
13 Recent Government Cases: Aguilar v. ICE / DHS 2008 WL (S.D.N.Y. Nov. 21, 2008) Changes in Sedona Conference Principle default was no obligation to produce 2007 production should be made in the form in which information is ordinarily maintained or reasonably usable, taking into account the need to produce reasonably accessible metadata that enables the receiving party the same ability to access, search, and display information as the producing party Emphasis on accessibility and functionality Rule 26 Note to Rule 34 - If ESI is ordinarily stored in searchable format, it should not be produced in a form that removes or significantly degrades this feature. Case Law Courts generally have ordered the production of metadata when it is sought in the initial document request.... Emphasis On A Party-Oriented Process Sedona Conference Cooperation Proclamation P A G E 12
14 Recent Government Cases: SEC v. Collins & Aikman Corp. P A G E WL (S.D.N.Y. Jan ) Cannot just make a blanket refusal to produce s No showing of any attempt to negotiate search protocol Ability to search and review viewed as a routine aspect of modern discovery Cost of a search is too high argument an effort must be made to document the cost or likelihood that a search would produce relevant, non-privileged material. The concept of sampling to test both the cost and the yield is now part of the mainstream approach to electronic discovery.
15 P A G E 14 Picking the Right Team
16 Structuring Sustainable E-Discovery Programs Internal Resources P A G E 15 Centralized Control of Cases De-Centralized Control of Cases External Resources
17 Picking the Right Team: Defining Roles P A G E 16 Primary Members: Internal ediscovery Coordinator Internal IT Liaison OGC - ediscovery Counsel
18 A Few Notes on the Internal ediscovery Coordinator P A G E 17 Internal ediscovery Coordinator: Involvement in Litigation (not just policy but how it is implemented); Sufficiently Senior to Effectuate Change; Some litigation & IT savvy.
19 A Few Notes on the Internal IT Liaison P A G E 18 Internal IT Liaison : Fact Witness & 30B6 Certifications Deposition Prep. Aid in Policy Development & New Technology
20 A Few Notes on the ediscovery Counsel P A G E 19 External ediscovery Counsel: Allows you to have a uniform voice across cases; Potential for Significant Cost Savings; Aid in Policy Development; Recognition of the Specialized Nature of this area (legally and technically)
21 Overview of Approaches and Technologies P A G E 20
22 Current Technologies and Approaches P A G E 21 Self-Collection Litigation Hold Search and Collection Enterprise Content Management Systems Archive & Search Tools Data Collection & Service Providers Data Processing Tools / Data Analytics ESI Management and Review Tools Case Management Tools
23 P A G E 22 Managing ediscovery Issues: Best Practices
24 Preservation Obligation P A G E 23 The duty to preserve ESI BEGINS when you reasonably anticipate litigation, for EVERY case. First decision Is this a case, yet? Next - Scope and Method WHAT needs to be preserved? HOW should it be preserved? Key Consideration - Accessibility Difference between what needs to be PRESERVED and what needs to be REVIEWED AND PRODUCED Tiered approach
25 Sedona Conference Recommendations Not about Perfect Searches P A G E 24 Practice Point 5 The use of search and information retrieval tools does not guarantee that all responsive documents will be identified in a large data collections.... [T]here is no requirement that perfect searches will occur only that lawyers and parties act reasonably in good faith performance of their discovery and legal obligations. - Sedona Best Practices Commentary On the Use of Search and Information Retrieval Methods in E-Discovery, Sedona Conference Journal, Vol. 8, Fall 2007 Principle 11 [a] responding party may satisfy its good faith obligation to preserve and produce relevant electronically stored information by using electronic tools and processes, such as data sampling, searching, or the use of selection criteria, to identify data reasonably likely to contain relevant information. - The Sedona Principles, Second Edition (2007)
26 E-Discovery Recommendations Reversal of the EDRM Model START with an eye towards what is to be presented at trial Assume You HAVE To Preserve In Every Case NOT Collecting Everything IS Defensible (and Cost Effective) With The Right Approach and Technology Don t Be Guided By Fear Of The Unknown Issue driving decisions uncertainty about environment Use Early Case Assessment capabilities Attorney Diligence Find Out What The Client Has OGC Needs To LEAD The Cause For Cooperation OGC Needs to Have ACTIVE Involvement in Implementing And Improving ESI Collection and Preservation Practices IT, Info Sec, Legal, RM ALL need to be involved Stay Informed on Current Standards P A G E 25
27 Case Study: Government Collection P A G E 26 Situation Large federal entity facing several class action lawsuits Almost 800 custodians across multiple locations Collected all user-created files with date filters and keywords using full Boolean search criteria De-duplication and rolling deliverables after the processing stage Solution Collection and secondary culling from multiple sites all completed on-site in a secure environment Only 8 GSI staff needed to execute the collection 146 TBs scanned in less than 2 months Results Collected 17 TBs utilizing upfront filtering Processed the data to approximately 7 TB shipped with content searching and deduplication.
28 QUESTIONS? P A G E 27
29 Contact Us P A G E 28 Daniel Lim Senior Director Assistant General Counsel Guidance Software, Inc daniel.lim@guidancesoftware.com Larry Creech Program Manager Corporate Information Security U.S. Postal Service larry.w.creech@usps.gov
Navigating Information Governance and ediscovery
Navigating Information Governance and ediscovery Implementing Processes & Technology to Reduce Downstream ediscovery Cost and Risk Shannon Smith General Counsel, Globanet March 11 12, 2013 Agenda 1 Overview
More informationAmendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents
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
More informationE-Discovery in Michigan. Presented by Angela Boufford
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.
More informationE-Discovery Best Practices
José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails
More informationSAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE
SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE Milton Luoma Metropolitan State University 700 East Seventh Street St. Paul, Minnesota 55337 651 793-1246 (fax) 651 793-1481 Milt.Luoma@metrostate.edu
More informationIn-House Solutions to the E-Discovery Conundrum
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
More informationXact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??
More informationREALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY
REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY Steven M. Gruskin Carl J. Pellegrini Sughrue Mion, PLLC 2100 Pennsylvania Ave. NW Washington, DC 20037 www.sughrue.com On December 1, 2006, the Federal
More informationfor Insurance Claims Professionals
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
More informationPredictability in E-Discovery
Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski
More informationElectronic Discovery. Answers to life s enduring questions
Electronic Discovery Answers to life s enduring questions 1 Electronic Discovery 1. Requirements: What do courts expect? 2. Potential consequences of missteps? Sanctions and unnecessary expense 3. Solutions:
More informationSEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED
SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM PROPOSED PRINCIPLES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION Sean M. Hendricks, J.D. Client Services Manager (312) 893-7321 / shendricks@forensicon.com
More informationE-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery?
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
More informationProactive Data Management for ediscovery
Proactive Data Management for ediscovery Simon Taylor Snr. Director Information Management CommVault Systems Inc. Why ediscovery sucks for IT The US Federal Rules of Civil Procedure Rule 34(a), (b) Definition
More informationElectronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys
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
More informationHow To Find Out What You Know About Esi
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
More informationElectronic Discovery How can I be prepared? September 2010
Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic
More informationLegal Arguments & Response Strategies for E-Discovery
Legal Arguments & Response Strategies for E-Discovery The tools to craft strategic discovery requests & mitigate the risks and burdens of production. Discussion Outline Part I Strategies for Requesting
More informationand ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance
Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules
More informationDiscussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners
Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners INTRODUCTION Virtually all modern discovery involves electronically stored information (ESI). The production and
More informationE-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK
E-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK If your company is involved in civil litigation, the Federal Rules of Civil Procedure regarding preservation and production of electronic documents
More informationOutlaw v. Willow Oral Argument Motions for Sanctions
William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior
More informationElectronic Discovery: Litigation Holds, Data Preservation and Production
Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal
More informationReduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY
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,
More informationCOURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014
COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the
More informationHow To Write A Hit Report On A Lawsuit Against A Company
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
More informationBest Practices in Electronic Record Retention
A. Principles For Document Management Policies Arthur Anderson, LLD v. U.S., 544 U.S. 696 (2005) ( Document retention policies, which are created in part to keep certain information from getting into the
More informationGeneral Items Of Thought
ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake
More informationFEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.
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
More informationA PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE
A PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE Effective February 1, 2010, the Alabama Rules of Civil Procedure were amended to provide for and accommodate
More informationSet out below are our comments, which are quite minor, on each of the specific guidelines.
Vincent T. Chang, Chair Federal Courts Committee New York County Lawyers Association 14 Vesey Street New York, NY 10007 March 20, 2013 COMMENTS OF THE NEW YORK COUNTY LAWYERS ASSOCIATION FEDERAL COURTS
More informationSpotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know
Spotlight on : What Every Information Audit Professional Needs to Know 1 The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George Bernard
More informationediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director
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
More informationEthics and ediscovery
Ethics and ediscovery John Mansfield and Devon Newman January 6, 2012 1 2013, MansfieldLaw ediscovery basics We will cover: Preservation and spoliation Searching and producing documents Supervising lawyers
More informationZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper
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
More informationNightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services
EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise
More informationNew E-Discovery Rules: Is Your Company Prepared?
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
More informationJason R. Baron Director of Litigation Office of General Counsel National Archives and Records Administration
NARA RACO 2010 Ronald Reagan Bldg., Washington, D.C. May 12, 2010 Jason R. Baron Director of Litigation Office of General Counsel National Archives and Records Administration Email is still the 800 lb.
More informationMinimizing ediscovery risks. What organizations need to know in today s litigious and digital world.
What organizations need to know in today s litigious and digital world. The main objective for a corporation s law department is to mitigate risk throughout the company, while keeping costs under control.
More information3 "C" Words You Need to Know: Custody - Control - Cloud
3 "C" Words You Need to Know: Custody - Control - Cloud James Christiansen Chief Information Security Officer Evantix, Inc. Bradley Schaufenbuel Director of Information Security Midland States Bank Session
More informationWhat You Should Know About ediscovery
KPMG FORENSIC What You Should Know About ediscovery By Pamela Quintero February 18, 2009 What Guidelines Are Available? The Sedona Canada Principles Working Group 7 (WG7) The purpose and intent of the
More informationNovember/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT. rofessionalism. Ethics Issues. and. Today s. Technology. www.innsofcourt.
November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT rofessionalism and Ethics Issues in Today s Technology www.innsofcourt.org Transparency in E-Discovery: No Longer a Novel Approach By Michael
More informationHow To Understand Electronic Discovery
1 Spotlight on Electronic Discovery: What Every Records Manager Needs to Know The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George
More informationDigital Forensics, ediscovery and Electronic Evidence
Digital Forensics, ediscovery and Electronic Evidence By Digital Forensics What Is It? Forensics is the use of science and technology to investigate and establish facts in a court of law. Digital forensics
More informationPretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C)
Pretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C) Professor: Rich Kelsey Telephone: (703) 993-8973 Email: rkelsey@gmu.edu Course Materials Material will be assigned
More informationIMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION
IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION REUTERS / SUHAIB SALEM Written by Kyle Sparks White paper EXECUTIVE SUMMARY Data collection during ediscovery is critically important because
More informationElements of a Good Document Retention Policy. Discovery Services WHITE PAPER
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
More informationSpotlight on Electronic Discovery: What Every Audit Control Professional Needs to Know
Spotlight on Electronic Discovery: What Every Audit Control Professional Needs 1 Electronic Discovery: What Every Audit Control Professional Needs The Importance of Communicating The single biggest problem
More informationE-Discovery and Electronically Stored Information (ESI):
E-Discovery and Electronically Stored Information (ESI): How Can It Help or Hinder a Case? Rosevelie Márquez Morales Harris Beach PLLC New York, NY Rosevelie Márquez Morales is a partner at Harris Beach
More informationE-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions
E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions 11 E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions Introduction Much has been said about
More informationCOMING: NEW FEDERAL RULES ON E-DISCOVERY
COMING: NEW FEDERAL RULES ON E-DISCOVERY By: M. Sean Fosmire Garan Lucow Miller, P.C. Executive Summary Now that e-filing is up and running, the federal courts have moved on to e-discovery and have adopted
More informationBest Practices: Defensibly Collecting, Reviewing, and Producing Email
Best Practices: Defensibly Collecting, Reviewing, and Producing Email October 9, 2014 Karsten Weber Principal, Lexbe LC ediscovery Webinar Series Info & Future Takes Place Monthly Cover a Variety of Relevant
More informationgrouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)
ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved
More informationE-Discovery Guidance for Federal Government Professionals Summer 2014
E-Discovery Guidance for Federal Government Professionals Summer 2014 Allison Stanton Director, E-Discovery, FOIA, & Records Civil Division, Department of Justice Adam Bain Senior Trial Counsel Civil Division,
More informationStrategies for Implementing an Effective and Defensible Legal Hold Workflow
Strategies for Implementing an Effective and Defensible Legal Hold Workflow Who should read this paper Corporate Counsel, IT/Legal Liaisons, and Messaging Administrators involved in the preservation of
More informationData Preservation Duties and Protocols
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)
More informationediscovery: The New Information Management Battleground Developments in the Law and Best Practices
Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 info@kahnconsultinginc.com Introduction The following
More informationE-Discovery and Data Management. Managing Litigation in the Digital Age. Attorney Advertising
E-Discovery and Data Management Managing Litigation in the Digital Age Attorney Advertising Every day, 12 billion corporate e-mails are created. That number doubles annually. Litigation success starts
More informationUnderstanding Search and Retrieval for Effective E- Discovery Results
Understanding Search and Retrieval for Effective E- Discovery Results Digital Government Institute ediscovery, Records & Information Management March 5, 2009 Introductions Panellists Harley A.J. (Bucky)
More informationThe Top Ten List (and one) of Changes to the Federal Rules
The Top Ten List (and one) of Changes to the Federal Rules The List (1) The rules now refer to electronically stored information, which is on equal footing with paper. Rules 26(a)(1), 26(b)(2), 26(b)(5)(B),
More informationE-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments
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
More informationEnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network.
TM GUIDANCE SOFTWARE EnCASE ediscovery EnCase ediscovery Automatically search, identify, collect, preserve, and process electronically stored information across the network. GUIDANCE SOFTWARE EnCASE ediscovery
More informationE-Discovery for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar
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
More informationwww.salixdata.com 513-381-2679
Electronic Discovery Presented by: Jonathan Adams www.salixdata.com 513-381-2679 Our Goal Explain E-Discovery in layman s terms Equip you to be able to add value to your organization SALIX is the region
More informationGUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION
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
More informationMichigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery
1 PROFESSIONALS MILLER CANFIELD LAW FIRM B. Jay Yelton III Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery To a large extent Michigan's new e-discovery rules
More informationPutting IT at e s: Considerations for ediscovery, ECM, & ERM
Government IT June 25, 2008 Putting IT at e s: Considerations for ediscovery, ECM, & ERM Julie Gable Baron Gemmer Gable Consulting, ICS 2008 1 ESI: Not just documents Record Record Types Types File File
More information4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda
Be Prepared: How The New Changes To The FRCP Affect Information Governance Presented by John Isaza, Esq., FAI CEO, Information Governance Solutions, LLC Wednesday, April 15, 2015 1:00 p.m. (PDT) Your Presenters
More informationMaking Sense of E-Discovery: 10 Plain Steps for Producing ESI
Making Sense of E-Discovery: 10 Plain Steps for Producing ESI The following article provides a practical guide to producing electronically stored information (ESI) that lawyers can apply immediately in
More informationElectronic Discovery
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
More informationThe Disconnect Between Legal and IT Teams
WHITEPAPER The Disconnect Between Legal and IT Teams The Duty to Preserve Why manual email archiving and user categorization doesn t cut it anymore #4 in a series of 4 whitepapers. Circulate this document
More informationediscovery Update February 2010
ediscovery Update February 2010 VEDDERPRICE ediscovery Update Chicago New York Washington, D.C. February 2010 Zubulake Revisited Preservation Obligations and Sanctions Standards Clarifi ed In Pension Committee
More informationBest Practices in Electronic Record Retention
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.
More informationElectronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments
Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments Electronic Discovery - What s All The Talk About? November 2004 1313 North Market
More informationWhitepaper 10 BEST PRACTICES FOR REDUCING E-DISCOVERY RISK AND COSTS
Whitepaper 10 BEST PRACTICES FOR REDUCING E-DISCOVERY RISK AND COSTS Million-dollar sanctions and public shaming by judges have led many corporations to seek a better way of performing the e-discovery
More informationFrom Archiving to Legal Holds: Comprehensive Information Management
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
More informationPRESENTED BY: Sponsored by:
PRESENTED BY: Sponsored by: Practical Uses of Analytics in E-Discovery - A PRIMER Jenny Le, Esq. Vice President of Discovery Services jle@evolvediscovery.com E-Discovery & Ethics Structured, Conceptual,
More informationE-Discovery for Backup Tapes. How Technology Is Easing the Burden
E-Discovery for Backup Tapes How Technology Is Easing the Burden TABLE OF CONTENTS Introduction...3 The Importance and Challenge of Backup Tapes for Electronic Discovery...3 TAPES AS A SOURCE OF ESI...
More informationThe Redgrave Roundtable. New Proposed Federal Discovery Rules: What They Say & What Is Next
The Redgrave Roundtable New Proposed Federal Discovery Rules: What They Say & What Is Next Today s Speakers Jonathan Redgrave Partner, Redgrave LLP Thomas Allman Adjunct Professor, University of Cincinnati
More informationMastering Electronic Discovery. Practice Tips and Traps for the Unwary
Mastering Electronic Discovery Practice Tips and Traps for the Unwary We Want to Make This Fun, But 2 2014 Huron Consulting Group. All rights reserved. Proprietary & Confidential. The Panel Hon. Susan
More informationElectronic Evidence and Discovery: The Changes in the Federal Rules. April 25, 2007 Bill Belt
Electronic Evidence and Discovery: The Changes in the Federal Rules April 25, 2007 Bill Belt Key dates» 2000 Judge Scheindlin coins term ESI in Boston College Law Review Article.» 2000 Chair of the Advisory
More informationElectronic Discovery
Electronic Discovery e-discovery: A Primer Mauricio Perry, CRM, CEDS Mauricio Perry, CEDS, CRM 1 Disclaimer I am not a lawyer The ideas exposed here are not to be construed as legal advice but are educational
More informationE-DISCOVERY BASICS AND ETHICS CHAD MAIN, PERCIPIENT JIM DOPPKE, ROBINSON LAW GROUP ETHICAL ISSUES IN E-DISCOVERY Rule 1.1 Competence Not just knowing about computers or metadata Being able to implement
More informationTen Tips for Responding to Litigation Hold Letters
Litigation Holds: Ten Tips in Ten Minutes Stephanie F. Stacy Baylor, Evnen, Curtiss, Grimit & Witt, LLP 1248 O Street, Suite 600 Lincoln, Nebraska 68508 sstacy@baylorevnen.com Introduction A litigation
More informationThe Seventh Circuit Electronic Discovery Pilot Program Hope for the Future
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 20, Number 2 (20.2.16) Feature Article By:Steven M. Puiszis Hinshaw & Culbertson, LLC
More informationE-DISCOVERY GUIDELINES. Former Reference: Practice Directive #6 issued September 1, 2009
CIVIL PRACTICE DIRECTIVE #1 REFERENCE: CIV-PD #1 E-DISCOVERY GUIDELINES Former Reference: Practice Directive #6 issued September 1, 2009 Effective: July 1, 2013 Introduction 1. While electronic documents
More informationE-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011
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.
More informationDiscovery Ethics Course Plan
The Ethics of Pre-Trial Discovery Discovery Ethics Course Plan I. Pre-Trial Discovery II. General Ethical Rules and Personal Mores Governing Discovery III. Ethical Considerations for Obtaining Informal
More informationCase 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
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
More informationThe Duty of Preservation
Session 6 ERM Case Law: The Annual MER Update of the Latest News, Trends, & Issues Hon. John M. Facciola United States District Court, District of Columbia Kenneth J. Withers, Esq. Deputy Executive Director,
More informationThe Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009
The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following
More information2004 E-Discovery Developments: Year in Review
2004 E-Discovery Developments: Year in Review Sean Foley, Esq., Legal Consultant Michele C.S. Lange, Esq., Staff Attorney, Legal Technologies January 20, 2005 Presenters Sean Foley, Esq., Legal Consultant
More informationSocial Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition
Social Media and Litigation Issues in the Advanced Age of Technology TOPIC When Worlds Collide Litigation 3 1 Social Media 2 EARLY ESI MANAGEMENT Kircoska v. United States (circa 1970) Request for Production
More informationCOURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS
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
More informationDIGITAL FORENSIC TECHNOLOGY SEE BEYOND THE NUMBERS
DIGITAL FORENSIC TECHNOLOGY Key Terms and Definitions Forensic Technology e-discovery Computer Forensics Data Analysis / Data Mining FRCP - Revised Key Terms and Definitions Forensic Technology - The application
More informationRecords Management Electronic Records and Electronic Discovery
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
More informationSocial Media, E-Discovery, & Complex Computer Forensics
Social Media, E-Discovery, & Complex Computer Forensics 2009 Facebook Statistics Report: 276% Growth in 35-54 Year Old Users 60% of Mobile Internet Time is Spent on Social Networking SocialMediaAtWork.com
More informationWhat Am I Looking At? Andy Kass
Concordance Tip Sheet August 2013 What Am I Looking At? Andy Kass Discovery is the process of requesting, producing and gleaning documents to substantiate assertions of fact in a case. Review is a deep,
More informationthe e-discovery how-to Guide page : 1 The E-Discovery Practical Recommendations for Streamlining Corporate E-Discovery A Clearwell White Paper
the e-discovery how-to Guide page : 1 The E-Discovery How-To Guide: Practical Recommendations for Streamlining Corporate E-Discovery A Clearwell White Paper the e-discovery how-to Guide page : 2 Table
More information