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eDiscovery Turf Wars at LegalTech 2011
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eDiscovery Turf Wars at LegalTech 2011

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Transcript

  • 1. eDiscovery Turf Wars : Legal versus IT
  • 2. eDiscovery Turf Wars: Legal V. IT Panelists George Socha, Esq. Ian J. Redpath, Esq. Dr. Linda Volonino Richard Vestuto, Esq. James D. Shook, Esq. J. David Morris - moderator
  • 3. eDiscovery Turf Wars: Legal V. IT
    • Today ’s Topics…
    • Top 5 Legal mistakes
    • Top 5 IT mistakes
    • How Legal and IT can work together to strengthen your case
  • 4. eDiscovery Turf Wars: Legal V. IT
    • Top 5 Legal mistakes
      • Thinking "jobs" and "roles" instead of "partnership ”
        • Legal is traditionally siloed due to function and security/confidentiality concerns
        • eDiscovery has a heavy IT dependency
    • Top 5 IT mistakes
      • Thinking in ”absolutes” versus “intent”
        • IT works with all business units and are balancing multiple demands and constraints
        • Often thinks in “Black & White” v. “Gray Area”
        • Collect all the email means ALL the email
  • 5. eDiscovery Turf Wars: Legal V. IT
    • Top 5 Legal mistakes
      • Thinking "jobs" and "roles" instead of "partnership ”
      • Using too much legal jargon
    • Top 5 IT mistakes
      • Thinking in ”absolutes” versus “intent”
      • Using too much IT speak
  • 6. eDiscovery Turf Wars: Legal V. IT
    • Top 5 Legal mistakes
      • Thinking "jobs" and "roles" instead of "partnerships ”
      • Using too much legal jargon
      • Not having good IT knowledge - understanding the scope for what one is asking (as well as scope expansion)
    • Top 5 IT mistakes
      • Thinking in ”absolutes” versus “intent”
      • Using too much IT speak
      • Not taking time to understand what is needed and the potential legal repercussions (30b6 or fact witness)
  • 7. eDiscovery Turf Wars: Legal V. IT
    • Top 5 Legal mistakes
      • Thinking "jobs" and "roles" instead of "partnership ”
      • Using too much legal jargon
      • Not having good IT knowledge
      • Losing focus on the Goal
    • Top 5 IT mistakes
      • Thinking in ”absolutes” versus “intent”
      • Using too much IT speak
      • Not taking time to understand what is needed and the potential legal repercussions
      • Viewing Legal as competing for IT’s budget
  • 8. eDiscovery Turf Wars: Legal V. IT
    • Top 5 Legal mistakes
      • Thinking "jobs" and "roles" instead of "partnership ”
      • Using too much legal jargon
      • Not having good IT knowledge - understanding the scope for what one is asking
      • Losing focus on the Goal
      • Thinking "good enough" is …  well, good enough
    • Top 5 IT mistakes
      • Thinking in ”absolutes” versus “intent”
      • Using too much IT speak
      • Not taking time to understand what is needed and the potential repercussions
      • Viewing Legal as competing for IT’s budget
      • Not recognizing that eDiscovery is about the rules and case law--and not about IT
  • 9. eDiscovery Turf Wars: Legal V. IT
    • How Legal and IT can work together to strengthen your case?
    • Work together and leverage each others strengths to craft a defensible litigation strategy and IT strategy
    • Understand that the corporation needs Legal and IT input to construct and deploy a repeatable and defensible Governance, Regulatory, and Compliance (GRC) capability
    • Be proactive in protecting the corporation. Crafting and delivering GRC strategy and policies in parallel with a eDiscovery litigation is exceedingly challenging, as well as a recipe for potential Sanctions
  • 10. eDiscovery Turf Wars: Legal V. IT Question and Answers