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Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
Dominic Jaar  - Understanding your corporation's e-discovery needs
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Dominic Jaar - Understanding your corporation's e-discovery needs

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Computers, Privacy & Data Protection Conference, Brussels, January 2012 (http://www.cpdpconferences.org/)

Computers, Privacy & Data Protection Conference, Brussels, January 2012 (http://www.cpdpconferences.org/)

Published in: Business, News & Politics
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  • Network MappingData Mapping
  • Transcript

    • 1. eDiscovery
    • 2. Agenda • eDiscovery Theory • eDiscovery Practice • Solutions
    • 3. Rules &Best Practices
    • 4. Rules•USA Federal Rules of Civil Procedure•Ontario Rules of Civil Procedure•Nova Scotia Rules of Civil Procedure•BC Practice Direction•Alberta Practice Direction•Quebec Code of Civil Procedure© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 4KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 5. Sedona Canada PrinciplesP1 - ESI Discoverability© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 5KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 6. Sedona Canada PrinciplesP1 - ESI DiscoverabilityP2 - Proportionality© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 6KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 7. Sedona Canada PrinciplesP1 - ESI DiscoverabilityP2 - ProportionalityP3 – As soon as litigation is reasonably anticipated, parties mustconsider their obligation to take reasonable and good faith stepsto preserve potentially relevant electronically stored information.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 7KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 8. Sedona Canada PrinciplesP1 - ESI DiscoverabilityP2 - ProportionalityP3 – As soon as litigation is reasonably anticipated, parties mustconsider their obligation to take reasonable and good faith stepsto preserve potentially relevant electronically stored information.P5 - The parties should be prepared to produce relevantelectronically stored information that is reasonably accessible interms of cost and burden.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 8KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 9. Sedona Canada PrinciplesP6 - A party should not be required, absent agreement or a court order based ondemonstrated need and relevance, to search for or collect deleted or residualelectronically stored information.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 9KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 10. Sedona Canada PrinciplesP6 - A party should not be required, absent agreement or a court order based ondemonstrated need and relevance, to search for or collect deleted or residualelectronically stored information.P7 - A party may satisfy its obligation to preserve, collect, review and produceelectronically stored information in good faith by using electronic tools andprocesses such as data sampling, searching or by using selection criteria to collectpotentially relevant electronically stored information.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 10KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 11. Sedona Canada PrinciplesP6 - A party should not be required, absent agreement or a court order based ondemonstrated need and relevance, to search for or collect deleted or residualelectronically stored information.P7 - A party may satisfy its obligation to preserve, collect, review and produceelectronically stored information in good faith by using electronic tools andprocesses such as data sampling, searching or by using selection criteria to collectpotentially relevant electronically stored information.P9 – During the discovery process parties should agree to or, if necessary, seekjudicial direction on measures to protect privileges, privacy, trade secrets and otherconfidential information relating to the production of electronic documents and data.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 11KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 12. Sedona Canada PrinciplesP6 - A party should not be required, absent agreement or a court order based ondemonstrated need and relevance, to search for or collect deleted or residualelectronically stored information.P7 - A party may satisfy its obligation to preserve, collect, review and produceelectronically stored information in good faith by using electronic tools andprocesses such as data sampling, searching or by using selection criteria to collectpotentially relevant electronically stored information.P9 – During the discovery process parties should agree to or, if necessary, seekjudicial direction on measures to protect privileges, privacy, trade secrets and otherconfidential information relating to the production of electronic documents and data.P11 - Sanctions should be considered by the court where a party will be materiallyprejudiced by another party’s failure to meet any obligation to preserve, collect,review or produce electronically stored information. The party in default may avoidsanctions if it demonstrates the failure was not intentional or reckless.© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 12KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 13. eDiscoveryPractice
    • 14. eDiscovery: It’s a process, not a technology™© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 14KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 15. A Process© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 15KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 16. Information Management VOLUME© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 16KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 17. Identification© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 17KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 18. Preservation© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 18KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 19. Collection© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 19KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 20. Processing© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 20KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 21. Review© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 21KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 22. Analysis© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 22KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 23. Production© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 23KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 24. Solutions Policies Processes Technologies Humans
    • 25. eDiscovery Readiness Policies IM/RM Transfer Lit Hold IM/RM Backup Processes Team Identify Preserve Collect Education Technology DMS RMM© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 25KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.
    • 26. Dominic Jaar Partner and National Leader Information Management, eDiscovery and Forensic Technology 514.212.9348 djaar@kpmg.ca© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with 26KPMG International Cooperative (‘KPMG International’), a Swiss entity. All rights reserved.

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