Litigation Readiness

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Post on 08-Jul-2015

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<ul><li><p>Allison Brecher, Marsh &amp; McLennan Co.Hilary Lane, NBCCheryl Strom, McDonaldsBruce Whitney, Air ProductsDominic Jaar, Bell Canada Identifying Risk Areas Developing a Solution Selling it to Management</p></li><li><p>Telecommunications Dominic JaarFood Services Cheryl StromMedia/Entertainment Hilary LaneFinancial Services Allison BrecherIndustrial Bruce Whitney</p></li><li><p>Need for Uniformity and Cost-effective Solution to E-Discovery</p></li><li><p>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</p></li><li><p>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</p></li><li><p>Cost control in a new environment</p><p>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</p></li><li><p>Benchmark peer companiesCreated a Steering CommitteeEducate each other and management about e-discoveryHandle legal hold notices and prioritize technology investments</p></li><li><p>Compliance with Legal Hold PolicyGetting employees to understand their responsibilitiesMaking the process easier for in-house counsel</p></li><li><p>Employee training and certificationCurrently testing various solutions to more easily search for relevant ESI</p></li><li><p>Improving communications while promoting e-discovery awareness and enhancing technology capabilities</p></li><li><p>Established working group of litigators and IT personnel to collect documents, monitor/prioritize, consider best practices Hire IT personnel dedicated to e-discoveryNew software</p></li><li><p>Starting from scratch</p><p>Sweeping changes in e-discovery obligations required: creation of uniform procedures major technology investments</p></li><li><p>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</p></li><li><p>Many employees join company via acquisitionNeeded to develop cohesive and uniform records management strategy</p></li><li><p>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</p></li><li><p>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</p></li><li><p>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</p></li><li><p>Legal Searches for Electronic InformationNeeded a way to search and preserve electronic information</p></li><li><p>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</p><p>***************************</p></li></ul>