More Related Content Similar to Discovery in Deep: Corporate Preservation and Identification of Evidence (20) Discovery in Deep: Corporate Preservation and Identification of Evidence1. 1
Discovery In Deep: Corporate
Preservation and Identification of
Relevant Evidence
Suzanne Ilene Schiller
Manko, Gold, Katcher & Fox LLP
401 City Avenue, Suite 500
Bala Cynwyd, PA 19004
(484) 430-2354
2. 2
Obligations of Preservation and Identification
Apply To:
Defendants
Plaintiffs
Corporations/Business Entities
Individuals
Nonparties “who possess materials
reasonably anticipated to be subject to
discovery in this action.”
Pretrial Order #1, Para. 14
© Copyright 2010
3. 3
Sources
Federal Rules of Civil Procedure
Court Orders
PTO #1
PTO #11
Manual for Complex Litigation (4th Ed.)
Case Law (e.g. Zubulake v. UBS Warburg LLC )
© Copyright 2010
4. 4
Types of Discoverable Information
“Reasonably Accessible” Electronically
Stored Information (ESI)
Hard Copy Documents
Physical Evidence/Things
Witness Testimony
© Copyright 2010
5. 5
Types of Discoverable Information
“Reasonably Accessible” Electronically
Stored Information (ESI)
Documents, Photographs, Videos
Emails/Text Messages
Voicemails, Sound Recordings
Programs
Databases
© Copyright 2010
6. 6
Pre-Incident Preparedness
Mapping
Current and Historical
US and Ex-US
Document Retention Policy
Litigation Hold Policy
Privacy Policies/Written Consents
EC Directive on Data Protection - “Safe Harbor”
E-Discovery Team/Outside E-Discovery Consultant
© Copyright 2010
8. 8
Pre-Incident Activities
Mapping
Organization Mapping
Parent/Subsidiary Companies
Departments
Positions
Individuals
Outside Consultants
Outsourced Departments/Responsibilities
© Copyright 2010
9. 9
Pre-Incident Activities
Mapping
Network Mapping
Active and Passive Data – ROM and RAM
Back-Up Media
Offsite Storage and Processing
Internal Controls (Employee Ability to Copy,
Download, Destroy, Alter)
Effect of Mergers, Acquisitions, Deacquisitions
© Copyright 2010
11. 11
Preservation and Litigation Hold Directives
Timing
Contents
Distribution
IT Department
Records Departments
Working Departments
Individual Employees
Third Parties
© Copyright 2010
12. 12
Witness Interviews
Identify Scope of Relevant Knowledge
Identify Documents
In Witness’ Possession – Confirm Preservation
Known to Witness/Not in Witness’ Possession
Identify Other Potential Witnesses
© Copyright 2010
13. 13
Identify Relevant and Potentially Relevant ESI
Pathname
Filename
Key Word/Term/Concept Search
Attorneys - Privilege
© Copyright 2010
14. 14
Cooperation and Coordination
External
Opposing Counsel
Business Partners
Consultants/Outside Counsel
Outsourcing Companies
Internal
Transactional
Regulatory
Government Relations
Ex-US
© Copyright 2010
15. 15© Copyright 2010
Questions or Further Information:
Suzanne Ilene Schiller
Manko, Gold, Katcher & Fox LLP
401 City Avenue, Suite 500
Bala Cynwyd, PA 19004
(484) 430-2354
www.mgkflaw.com