1 New El e c t r o n i c Di s c o v e r y Te a m s, Ro l e s & Fu n c t i o n s Eric Friedberg Stroz Friedberg New York, NY THE onference INSTITUTE Copyright 2008, The Sedona Conference and Eric Friedberg. SM
2 NEW ELECTRONIC DISCOVERY TEAMS, ROLES, AND FUNCTIONS Eric Friedberg 1 A. Introduction Many electronic discovery sanctions may be traced to a lack of effective coordination and communication among personnel who are attempting to preserve data in accordance with a duty that has been triggered: the legal department communicates to IT an incomplete list of the custodians to be preserved; IT mixes up the correct list of custodians with an incorrect list; custodians do not read or understand the instructions they are given in the litigation hold notice to protect s from an auto-delete or recycling function; HR provides an incomplete list of personnel to legal, which bases its litigation hold distribution list on the erroneous material it received. There are endless permutations. Indeed, in Zubulake, in describing the problems at UBS that lead to the overwriting of relevant backup tapes, Judge Schiendlin quoted the famous line from Cool Hand Luke: What we ve got here is a failure to communicate. Zubulake v. U.B.S., 229 F.R.D. 422, 424 (S.D.N.Y. 2004). Lack of coordination and communication can also lead to business failures in the area of electronic discovery and records management in that projects that could create efficiency, save money, reduce retention of unnecessary data, and make important business records more accessible are undermined. These failures often occur because, due to lack of process, the requisite corporate constituencies cannot come together to approve and implement such projects. 1 Eric Friedberg is Co-President of Stroz Friedberg, a national, consulting and technical services firm specializing in digital forensics, electronic discovery, data breach response, and investigations. Mr. Friedberg is a former Assistant U.S. Attorney for the U.S. Attorney s Office in Brooklyn, where he served as the lead cyber-crime prosecutor, the Chief of the Narcotics Unit, and Senior Litigation Counsel. Previously, Mr. Friedberg was a litigation associate at the New York office of Skadden, Arps, Slate, Meagher & Flom. He is a graduate of Brandeis University and Brooklyn Law School.
3 Compliance with emerging electronic discovery obligations, and conducting electronic discovery in a consistent and efficient manner, requires new cross-disciplinary teams (hereinafter New Teams ), with updated organizational roles (hereinafter New Roles ) and functions (hereinafter New Functions ). These New Teams often draw representatives from an organization s in-house legal, IT, compliance, records management, and human resources departments at the corporate and business unit levels, as well as from the outside counsel and the forensic/electronic discovery vendor to whom the company looks for strategic advice. In addition to improving compliance and efficiency, New Teams can also assure consistency in the positions that the company s representatives take on electronic discovery matters, including key issues under the recent electronic discovery amendments to the Federal Rules of Civil Procedure (the New Rules ) regarding the accessibility of electronically stored information ( ESI ) within the corporate network; the descriptions provided during meet and confer conferences and initial disclosures about the systems on which data is located; and the form of production in which ESI should be produced in the company s litigations. B. Buy-in The creation of New Teams and their agendas vary widely because of the different levels of sophistication and business processes in their respective corporate cultures. Invariably, the New Team confronts its company s level of buy-in and support for its mission. At one end of the spectrum, senior management and the board back and fund a broad mandate to improve records management and electronic discovery processes, and support the requisite change management. In other cases, the New Team members do what they can to coordinate their respective functions but have little budget and less staffing, and struggle in tackling larger initiatives. In such cases, senior management seems to have little understanding of how records management and electronic discovery are increasingly interwoven with corporate governance, ethics, and compliance. While senior management is ultimately responsible for the increased risk inherent in failing robustly to support New Teams, the individual team members on the front lines often feel exposed in attempting to do more with less in an era of rising obligations and multimillion dollar sanctions.
4 C. The Work of the New Team The New Team coordinates the company s response to the need for improved records management, litigation holds, electronic discovery processes, and the requisite hardware and software solutions that support such initiatives. Within this bailiwick are dozens of types of projects and issues. A number of those that are drawing current, significant attention are explored below. 1. Forms of Litigation Hold. A major focus of certain New Teams is re-writing and re-issuing forms of litigation holds to bring them in line with current case law regarding triggering events and best practices in the area of data preservation. New Teams are also focusing on how to implement systems that remind custodians of their obligations and catalog the issuance of the hold and the reminders. The need for coordination in these areas is paramount. HR and IT must accurately identify the custodians and coordinate effectively regarding new and departing employees; in-house legal and outside counsel must agree on the language of the litigation hold; legal and IT must coordinate to select and deploy any litigation hold tracking software; and IT, in-house legal, outside counsel, and the outside forensic consultants must coordinate regarding the methodology for collecting the data. 2. Archiving Platforms. One of the most significant challenges for large companies is dealing with unstructured data such as and loose electronic files in both the records management and litigation hold arenas. If the company s solution is an enterprise archiving repository relying heavily on auto-tagging and centrally managed aging of items, the enormous coordination tasks can fall to a New Team. The legal propriety and consequences of using any kind of autotagging technology must be dealt with by in-house and outside counsel, but the actual administration of those technologies will likely be controlled by a blend of legal, IT, and compliance resources. The complexity of using archiving tools to age and then expire unstructured data is enormous, and typically specialized consultants must join the New Team s deployment efforts to make sure that the platform s configuration mirrors what counsel has approved.
5 3. Consistency of Corporate Positions. One way in which New Teams can provide significant risk mitigation is to promulgate and enforce consistent corporate positions on subjects emanating from the New Rules. For example, the Rules now state that relevant data that is reasonably accessible must presumptively be produced, whereas data that is not reasonably accessible must be preserved but need not be produced in the first instance. Issues constantly arise as to whether backup tapes, information in enterprise databases, information on a company s Intranet, voic s, deleted data, or decommissioned servers, for example, are reasonably accessible. Inconsistency between a company s public positions on this subject can create exposure in all of the fora in which those positions are taken. A decision about whether, in a particular case, to convert inaccessible data to accessible data can be significant, because it can bear on whether the company really treats that data as inaccessible. Thus, it can be difficult to defend not restoring backup tapes on the theory that they are inaccessible when the tapes are restored every time an absentminded executive deletes a mildly important . The issues around reasonable accessibility lend themselves well to being coordinated by the New Team. The legal resources can establish the rules, which the IT personnel must learn to appreciate and not evade in response to one-off requests. The New Team can then push the positions out to the company s multiple outside counsel and vendors. Similarly, it can be imperative to have consistency (or at least robust dialogue) around issues such as whether auto-delete should be turned off; whether the rotation of backup tapes should be suspended; or whether archiving or journaling should be enabled as a mechanism to comply with the duty to preserve. Such decisions become part of the company s history of compliance, and counsel pressing spoliation charges often look for inconsistencies in that history to undermine the company s current position. For example, if a company s position in a particular case is that suspending the rotation of backup tapes on a goingforward basis is too burdensome to preserve data, that position could be undermined if the company took that same step one or more times in the past.
6 The New Team is the perfect place for coordinating such issues, as all of the necessary legal, IT, and compliance constituents are present. The New Rules also provide for early meet and confer meetings, in which the parties are expected to discuss the structure of their respective networks, the kinds of data housed therein, and their plans with respect to preservation and production. To be best prepared to fulfill their obligations, counsel should know at least in general terms the types of systems and data the client corporation maintains. The need for such knowledge has created a number of New Functions that the New Team typically administers, including data mapping and drafting sample interrogatory responses regarding the company s systems. 4. Data Mapping. Data mapping is the process of identifying and describing in an inheritable written form the structure and nature of all or a portion of a company s network and data stores. Data mapping projects sometimes include identifying key system administrators who can provide additional detail regarding the systems they administer. The challenge of data mapping projects is to avoid the problem that the painters of the Verrazano Bridge encounter: as soon as they finish on the Staten Island end, the Brooklyn end of the bridge is already rusty. Large corporate systems suffer constant changes, upgrades, and migrations, making a highly granular approach to data mapping difficult. One successful approach to data mapping builds knowledge management tools, teams of personnel with institutional knowledge, and general descriptions of systems which may need further refinement to be ready to file in court but which have the advantage of not being obsolete the day after they are written. Structuring a data mapping project to navigate between the Scylla and Charybdis of excessive generality and excessive specificity can best be achieved through coordination between the New Team s legal and IT resources, with the legal department defining an approach after absorbing information from IT regarding how dynamic the systems are. A sophisticated electronic discovery vendor can also play an important role by bringing to bear its experience with data mapping projects for other companies and providing bandwidth to canvas dozens if not hundreds of a company s system-owners, since internal IT personnel rarely can spare the time.
7 5. Collecting and Searching ESI. New Functions within the New Team s jurisdiction are the collection (copying) of ESI in a forensically-sound manner and the searching of that data using effective and accepted technologies. Many large companies seek to self-collect ESI in routine cases for cost-saving and confidentiality purposes. Corporate IT departments that self-collect must train their personnel in a variety of forensic platforms and native applications, such as EnCase, EnCase Enterprise, ExMerge, FTK, XXCOPY, ImageMASSter, and Linux disk dump so that data can be collected in accordance with forensic best practices. Personnel must keep current in their certifications and should participate in peer groups to keep sharp and avoid myopia. One challenge for the non-it members of the New Team is to gain sufficient familiarity with these technical solutions to help forge the company s technical protocols for performing self-collections. The key consideration in establishing these New Functions is to determine where the internal IT function leaves off and when outside vendors should be utilized. Even highly-competent in-house forensic teams can not handle spikes in collections required by large civil or regulatory matters, short deadlines, or a confluence of cases. In addition, it is much more difficult to search data effectively than to collect it. There is less external training available for electronic discovery search technologies and methodologies. As a result, in-house personnel typically rely on off-the-shelf software, which may fail to properly search data or to convert data to searchable form. The challenges of effectively handling non-searchable binary data (such as e-faxes and non-searchable PDFs), password-protected and encrypted files, corrupt-but-repairable files, and unpacking embedded data (such as a picture of a spreadsheet embedded in a PowerPoint embedded in a Word Document) can be quite difficult for in-house IT staff to manage. Many in-house IT personnel, for example, use the Outlook client to search Outlook mail. That client, however, does not search attachments or flag items that it can not search. New Teams can address these risks by receiving outside consulting advice on acceptable protocols for searching electronic data. Determining where to draw the line between in-house and external resources is
8 not only a technical issue. Cases that are high-profile or in which the prior role of IT has already been criticized may call for the use of independent resources. Management should also realize that in-house personnel who collect and process ESI will be subjected to intense scrutiny in 30(b)(6) or other depositions. Accordingly, such personnel should be smart, articulate, aware of their legal obligations, and make good witnesses. Indeed, acting as the 30(b)(6) witness regarding the company s systems and data retention/recycling could be viewed as a New Role itself. Of course, companies have been providing such witnesses for years. However, given emerging spoliation case law and the New Rules, it often falls to the shoulders of the 30(b)(6) witness to articulate the reasonableness of the company s strategies, methodologies, and positions regarding what data is and is not reasonably accessible; the burden of addressing data stockpiles and legacy data; and the technical efficacy of the manner in which ESI was processed and produced in the matter. As a result, some companies are using their forensic/electronic discovery consultants to carry this heavy burden in 30(b)(6) depositions. Whether inside or outside resources act as the company s 30(b)(6) witness, it is important for the New Team to watch for any inconsistencies between the testimony given in different matters, especially on issues such as the accessibility of data and related claims of burdensomeness, data stockpiles, and positions on disabling of back-up tape rotation and suspension of auto-delete. Finally, a disadvantage of self-collection can be the loss of independent, strategic advice that can be provided by a forensic/electronic discovery consulting firm on such issues as whether to perform full forensic images of custodians computers (to be able to search for deleted material) as opposed to copying only active files; and whether to disable auto-delete, use journaling, or take backup tapes out of rotation. These are hot-button issues that at times can be subject to political or economic pressures within the company. New Teams can ameliorate this downside to self-collection by building outside consulting advice into the company s standard protocol for collections and preservation efforts.
9 6. Outside Electronic Discovery Counsel. One of the most important New Team members is the company s outside counsel in charge of electronic discovery. Outside counsel can wield enormous control over how electronic discovery obligations are met. In many cases they help select forensic and electronic discovery vendors. The right counsel can facilitate the entire New Teams process, providing stewardship and key strategic advice to achieve compliance and help avoid sanctions. Indeed, New Teams are using outside counsel to train in-house Team members on emerging case law and the obligations under the New Rules. Not only does the substantive advice help the New Team, but in the event of an electronic discovery mishap, the training itself demonstrates the organization s good faith, which is a key to avoiding sanctions. Outside counsel, however, must be closely managed by the in-house members of the New Team. First and foremost, a company s outside counsel must have deep expertise in electronic discovery law and strategy. When outside electronic discovery counsel is also trial counsel, the in-house team members should closely consider whether outside counsel s electronic discovery advice will be adversely affected by its role as trial counsel. Such an affect can take the form of over-preserving data so as to avoid any arguments that might, in trial counsel s view, distract from the merits of the case. This might be the right strategy in a particular case, but it can also cost the company substantial sums of money and create stockpiles of data that are difficult to manage thereafter. In cases involving spoliation and remediation, the actions of outside counsel that directed the electronic discovery-gone-awry will be closely scrutinized, and privilege waiver may be advisable in order to explain the good faith actions that were taken. Or, the company may want to distance itself from electronic discovery counsel. Such matters become more difficult to manage where electronic discovery counsel and trial counsel are the same. On the other hand, there are clearly inefficiencies in having multiple counsel, and separate electronic discovery counsel can struggle to become fully integrated in the matter so as to render their best advice.
10 Another hot-button issue regarding outside counsel is their role in the selection of forensic and electronic discovery vendors. Indeed, some law firms have begun to act as electronic discovery vendors themselves. Recently, a trend has begun for companies to establish preferred vender lists through Requests For Proposals (RFPs) and dictate to their outside counsel their choice of vendors. The advantages to this process are increased efficiency and negotiated bulk-rates. The disadvantages can be, in the short term, disturbing the working relationship that it may have with other, quality vendors. More importantly, if the RFP process is structured largely around price, high-end vendors who mitigate risk through high-quality consulting advice can be edged out by lower-cost but lower-quality solutions. In-house New Team members should focus very closely on when their law firms act as electronic discovery vendors. Typically, law firms limit their activities in this area to hosting client data in a Summation, Concordance, Documatrix, SQL, or Oracle based litigation support database. The advantages of doing this may include the control the law firm has over the support of that database and the familiarity its lawyers obtain with the in-house tool. On the other hand, hosting technologies evolve quickly, and using law firm platforms may preclude costsaving techniques such as clustering, near-duplicate identification, and statistical profiling of data. Law firm methodologies sometimes rely on outdated, costly procedures, such as tiffing or PDFing all data, when the trend is to review data in native format and promote documents to tiff /PDF as needed only to redact and bates-stamp. Finally, outside counsel s role is critical in structuring and blessing data stockpile reduction strategies, which most companies face. Here, outside counsel must coordinate with the New Team s IT personnel, and normally the strategic outside forensic vendor, to identify and assess the nature of the data that the company seeks to reduce. Coordinated interviews of system administrators and technical sampling of data are necessary to determine whether the stockpiles are free from data as to which there is a duty to preserve. Once the New Team has concluded that a portion of the data is free from such duty, it can be destroyed.
11 C. Conclusion In sum, the touchstones of the New Team are coordination and communication, though which risk and costs can be reduced and efficiency and consistency can be gained. In the absence of such coordination, electronic discovery and compliance disasters lurk.
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??
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
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
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
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
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
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
PROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES What follows are some general, suggested guidelines for addressing different areas
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,
Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Kelly H Twigger, Esq. Oil and Gas Symposium Arkansas Law Review October 16-17, 2014 Overview In the last two decades, business
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
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
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,
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.
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
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
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.
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
MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure
How to Win the Battle Over Electronic Discovery in Employment Cases By Philip L. Gordon, Esq. IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling
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
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
Director, Value Engineering April 25 th, 2012 Copyright OpenText Corporation. All rights reserved. This publication represents proprietary, confidential information pertaining to OpenText product, software
ediscovery and Information Governance Practice Overview ediscovery and Information Governance Electronic discovery, or ediscovery, is increasingly changing from the exception to the norm in modern litigation.
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
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
: 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
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
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
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
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)
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
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
Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Panel Members Judge Ronald L. Buch, Moderator Panelists The Honorable Paul W. Grimm U.S. District Court for
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
EDISCOVERY POLICIES AND CHECKLISTS FOR INSIDE AND OUTSIDE COUNSEL PROCEDURES TO PROTECT YOURSELF AND YOUR CLIENT Mike Minton Partner THOMPSON COBURN LLP One US Bank Plaza St. Louis, MO 63101 314 552-6081
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
José Ramón González-Magaz email@example.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
Making and responding to electronic discovery requests By Martin Felsky and Peg Duncan One of the significant impacts of electronic discovery on litigation is the way in which it reconfigures the adversarial
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
Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 firstname.lastname@example.org Introduction The following
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
Electronic Medical Records Issues with Discovery of e-medical Records in Litigation Presented to Illinois State Bar Association // May 4, 2012 E-Medical Records / Today s Agenda The Golden Rule E-Discovery
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 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
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
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
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
The Essentials of E-Discovery Discovery Solutions and Labor and Employment Groups Webinar May 7, 2009 12:00 to 1:00 p.m. James P. Anelli, Esq. William B. Belt Jr., Esq. Today s attorneys and some notes...
WHITE PAPER: Best Practices for legal holds Confidence in a connected world. Best Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec Jennifer
Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to
Lowering E-Discovery Costs Through Enterprise Records and Retention Management An Oracle White Paper March 2007 Lowering E-Discovery Costs Through Enterprise Records and Retention Management Exponential
Electronic Discovery & Digital Forensics Robert Schperberg New Federal Rule of Civil Procedures Also Known As FRCP Defining FRCP and ESI New Federal Rules of Civil Procedures was enacted December 1 st,
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
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
Five Steps to Ensure a Technically Accurate Document Production by Elwood Clark Lawyers spend a lot of time focusing on the legal aspects of a document production, including properly defining the scope
WHAT S IN STORE FOR E-DISCOVERY IN 2015? TOP 4 TRENDS TO WATCH 1 Exclusive News and Analysis Monthly Members-Only Webcasts Networking with CEDS, Members On-Demand Training Resources Jobs Board bits + bytes
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
Questionnaire on Electronically Stored Information (May 2014) Comment The Questionnaire is intended to be a comprehensive set of questions about a company s computer systems. The extent to which you should
What follows isn t the perfect preservation letter for your case, so don t simply treat it as a form. Use it as a drafting aid that flags issues unique to EDD, but tailor your preservation demand to the
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
BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY I. Background The Federal Rules of Civil Procedure provide for document production in the discovery process. Until recently, all types of documents
State of Michigan Records Management Services Frequently Asked Questions About E mail Retention It is essential that government agencies manage their electronic mail (e mail) appropriately. Like all other
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,
Document Retention and Destruction in Oregon What Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents? Timothy W. Snider (503) 294-9557 email@example.com Stoel Rives
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
Skadden, Arps, Slate, Meagher & Flom llp and affiliates Response to DG Competition Best Practices on the conduct of proceedings concerning Articles 101 and 102 TFEU 1. GENERAL REMARKS 1.1 Skadden, Arps,
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.
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,
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
NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management
WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery
WHEPAPER The Disconnect Between and Teams Examples of what each side doesn t know #2 in a series of 4 whitepapers. Circulate this document to,, and company management. It can be used to start a dialog,
Litigation Holds: Ten Tips in Ten Minutes Stephanie F. Stacy Baylor, Evnen, Curtiss, Grimit & Witt, LLP 1248 O Street, Suite 600 Lincoln, Nebraska 68508 firstname.lastname@example.org Introduction A litigation
A One TouchTM White Paper A unique approach to the management of discovery documents, combining centralized management, personnel, expertise and systems to enable and foster retention of work product and
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
Questionnaire on Electronically Stored Information (March 17, 2011) I. Definitions and Instructions A. ESI means electronically stored information as the term is used in the Federal Rules of Civil Procedure.
AUTION! Electronic Picture yourself in the courtroom waiting for the judge. You sit at counsel table next to your client and your partner. The gavels raps, and the judge assumes the bench. She is visibly
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
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
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
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
Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES by Sharon D. Nelson, Bruce A. Olson and John W. Simek American Bar Association 2006 745 pp. Reviewed by William
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
November 2004 An Examination of Litigation Holds and the Preservation of Electronic Documents in the Context of Zubulake Documents and other potentially relevant evidence are subject to preservation when
Digital Government Institute Managing E-Discovery for Government: Integrating Teams and Technology Larry Creech Program Manager Information Catalog Program Corporate Information Security Information Technology
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
REINHART E-NEWSLETTER ATTORNEYS: ROBERT K. SHOLL, CHAIR JEFFREY P. CLARK JOHN H. ZAWADSKY LYNN M. STATHAS DAVID J. SISSON CHRISTOPHER P. BANASZAK ROBERT J. MUTEN DARYLL J. NEUSER SUSAN B. WOODS JENNIFER
CMA Shipping 2015 Ethics and E-Discovery in Shipping Disputes March 25, 2015 Vincent J. Foley, Holland & Knight LLP (212) 513-3357 email@example.com CMA Shipping 2015 Ethics and E-Discovery for Shipping
WHITE PAPER THE E-DISCOVERY PLAYBOOK: A PROACTIVE TOOL FOR WINNING LITIGATION By Ashley Watson FTI Technology is a business of FTI Consulting, Inc. All rights reserved. 1. INTRODUCTION So much has been
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