About
90% of U.S. corporations are engaged in litigation at any time . . .
Are your document retention policies providing protection from frivolous actions
while keeping pace with the changing requirements?
Recent high-profile cases have made it clear that inappropriately destroying
or failing to produce documents can lead to adverse rulings in litigation and
enforcement actions. In one such case, a Wall Street firm agreed to pay a $15
million civil fine to settle charges that it failed to produce thousands of
emails sought by the SEC.
While many realize the significance of ensuring appropriate document management
policies are in place – particularly during litigation or investigations – the
challenges associated with these issues can be overwhelming. For one thing,
reconciling federal, state, and international laws with privacy considerations
and the newly amended Federal Rules of Civil Procedure can be difficult, to
say the least. And, various industries must ensure that they maintain records
above and beyond those required by general state and federal mandates. In fact,
companies are retaining an estimated 60% more records per year just to remain
compliant with such regulations. Not only does this volume of data pose challenges
in terms of organization and storage, but it makes responding to electronic
discovery requests even more difficult and costly.
In this environment, every company must strive to continuously upgrade policies
and procedures with respect to document management. This publication from the American
Conference Institute will meet those needs and give you practical and effective
strategies from senior in-house counsel, top electronic discovery experts,
judges and leading attorneys on:
- Minimizing the risk of creating "bad" documents
- Identifying the appropriate steps to take before and after imposing
a litigation hold in order to ensure compliance
- Training your employees and third-party vendors on proper document retention policies
- Using the new e-discovery amendments to achieve a better outcome
when negotiating with opposing counsel in litigation
- How to handle electronic data not addressed under the new e-discovery
amendments
- Utilizing the newest search technologies to help you retrieve electronic
data during a hold
About
90% of U.S. corporations are engaged in litigation at any time . . .
Are your document retention policies providing protection from frivolous actions
while keeping pace with the changing requirements?
Recent high-profile cases have made it clear that inappropriately destroying
or failing to produce documents can lead to adverse rulings in litigation and
enforcement actions. In one such case, a Wall Street firm agreed to pay a $15
million civil fine to settle charges that it failed to produce thousands of
emails sought by the SEC.
While many realize the significance of ensuring appropriate document management
policies are in place – particularly during litigation or investigations – the
challenges associated with these issues can be overwhelming. For one thing,
reconciling federal, state, and international laws with privacy considerations
and the newly amended Federal Rules of Civil Procedure can be difficult, to
say the least. And, various industries must ensure that they maintain records
above and beyond those required by general state and federal mandates. In fact,
companies are retaining an estimated 60% more records per year just to remain
compliant with such regulations. Not only does this volume of data pose challenges
in terms of organization and storage, but it makes responding to electronic
discovery requests even more difficult and costly.
In this environment, every company must strive to continuously upgrade policies
and procedures with respect to document management. This publication from the American
Conference Institute will meet those needs and give you practical and effective
strategies from senior in-house counsel, top electronic discovery experts,
judges and leading attorneys on:
- Minimizing the risk of creating "bad" documents
- Identifying the appropriate steps to take before and after imposing
a litigation hold in order to ensure compliance
- Training your employees and third-party vendors on proper document retention policies
- Using the new e-discovery amendments to achieve a better outcome
when negotiating with opposing counsel in litigation
- How to handle electronic data not addressed under the new e-discovery
amendments
- Utilizing the newest search technologies to help you retrieve electronic
data during a hold
Contents & Contributors
TRIAGE TIME – LAST MINUTE PREPARATION FOR ELECTRONIC DISCOVERY UNDER THE NEW FRCP
Adam I. Cohen, FTI
David J. Lender, Weil, Gotshal & Manges LLP
NEW FEDERAL RULES OF CIVIL PROCEDURE RE: E-DISCOVERY
David J. Lender, Weil, Gotshal & Manges LLP
UPGRADING YOUR WRITTEN DOCUMENT AND E-MAIL RETENTION POLICY
William P. Barnette, The Home Depot
Michael Kreitman, Federated Department Stores
Paul D. Caver Jr., The Home Depot
NON-PARTY RECORDS: CONTROLLING THE UNCONTROLLABLE
Joseph S. Wu, Sheppard Mullin Richter & Hampton LLP
RECORDS RETENTION AND E-DISCOVERY MATERIALS
Jeffrey Follett, Foley Hoag, LLP
STRATEGIES FOR LITIGATION HOLDS
Eric J. Schwarz, Ernst & Young, LLP
THE PROPOSED FEDERAL RULES AMENDMENTS GOVERNING ELECTRONIC DISCOVERY
Honorable Andrew J. Peck, Southern District of New York
GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION
Honorable David J. Waxse, District of Kansas
COST EFFECTIVE APPROACHES FOR LOCATING RESPONSIVE AND RELEVANT DATA
Jason Baron, National Archives and Records Administration
J. Kevin McCarthy, Wilmer Cutler Pickering Hale & Dorr LLP
Joe Looby, FTI
NEGOTIATING WITH OPPOSING COUNSEL REGARDING ELECTRONIC DISCOVERY ISSUES
John T. Ritter, Bank of America
Maureen O'Neill, Paul, Hastings, Janofsky & Walker LLP
THE ETHICS OF ELECTRONIC DISCOVERY
Steven C. Bennett, Jones Day
Publication Details