litigation readiness

Download Litigation Readiness

Post on 08-Jul-2015




0 download

Embed Size (px)


  • Allison Brecher, Marsh & McLennan Co.Hilary Lane, NBCCheryl Strom, McDonaldsBruce Whitney, Air ProductsDominic Jaar, Bell Canada Identifying Risk Areas Developing a Solution Selling it to Management

  • Telecommunications Dominic JaarFood Services Cheryl StromMedia/Entertainment Hilary LaneFinancial Services Allison BrecherIndustrial Bruce Whitney

  • Need for Uniformity and Cost-effective Solution to E-Discovery

  • Built a custom solution to manage legal holds and document preservation Created a short webinar for outside counsel describing our systems and capabilitiesPreparing web-based training for employees involved in a legal hold

  • Emphasize cost savings, both on outside counsel spend and reducing riskEvaluated products on the market and assessed cost of and time involved in building a custom solutionThe e-discovery rules will likely catch on outside the USbetter to be prepared now

  • Cost control in a new environment

    E-discovery is still at its early stage in CanadaHigher management sees it as an extraordinary situation where they would rather spend the money on a case by case basis rather than invest in education, processes and toolsMeanwhile, the legal departments budget is not increased while the expenses relating to e-discovery soar

  • Benchmark peer companiesCreated a Steering CommitteeEducate each other and management about e-discoveryHandle legal hold notices and prioritize technology investments

  • Compliance with Legal Hold PolicyGetting employees to understand their responsibilitiesMaking the process easier for in-house counsel

  • Employee training and certificationCurrently testing various solutions to more easily search for relevant ESI

  • Improving communications while promoting e-discovery awareness and enhancing technology capabilities

  • Established working group of litigators and IT personnel to collect documents, monitor/prioritize, consider best practices Hire IT personnel dedicated to e-discoveryNew software

  • Starting from scratch

    Sweeping changes in e-discovery obligations required: creation of uniform procedures major technology investments

  • Purchased two software products to classify records on a company-wide basis and implement legal hold noticesCurrently developing e-discovery extranetConsidering selection of single firm to handle e-discovery issues

  • Many employees join company via acquisitionNeeded to develop cohesive and uniform records management strategy

  • Developing internal website based on Sharepoint with access given to records managersWebsite used tomaintain and revise records retention policiesfacilitate communication among different subsidiaries identify confidential data

  • Explosion of the volume of e-docs transformed litigators in records collectors and analystsLitigators spent a great deal of time dealing with IS/IT understanding the infrastructure interviewing custodians

  • Developed a clear process to handle e-discovery by delegating different tasks to IS/IT, RM, security, etc. Put in place a semi-automated litigation hold procedure supported by interview forms

  • Legal Searches for Electronic InformationNeeded a way to search and preserve electronic information

  • Identified and evaluated various e-discovery solutions that would enable paralegals/attorneys to search electronic information across all repositories (including web-content) and preserve potentially relevant informationParalegals/attorneys would be able to cull out potentially relevant information before exporting to outside counsel for additional review