E-discovery and Employment Litigation - Webinar

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In a one-hour webinar, attorney Jason M. Shinn shared information on:

- Company pre-litigation preservation efforts
- Critical first steps for preserving evidence
- Preservation issues unique to employment litigation
- Limiting electronic preservation costs in response to “nuisance” discrimination claims
- Preservation issues in a cloudy world: cloud computing and e-discovery

You can view the entire webinar recording here: http://i-sight.com/e-discovery-tips-for-winning-employment-cases/

Published in: Business, Technology
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  • The cloud has dramatically expanded the number of places where electronically stored information (ESI) can live. Under the Federal Rules of Civil Procedure (pdf), a party to litigation is expected to preserve and be able to produce ESI that is in its "possession, custody or control.“With cloud, those duties are split -- the ESI may not technically be in your possession anymore, and yet it's presumably under your controlPotential e-discovery problems vary depending on the type of cloud provider and the contract, observers say. Because email has been subject to e-discovery for a while, many email hosting providers have this covered in their contracts. And large cloud vendors that typically serve Fortune 500 companies are likely to pay more attention to the discoverability of data.
  • E-discovery and Employment Litigation - Webinar

    1. 1. E-Discovery & Employment LitigationThe Problem of Treasure Troves & Karma Jason M. Shinn Attorney jshinn@ebusinesscounsel.com
    2. 2. Introduction Jason M. Shinn Since 2001, Mr. Shinn has focused his legal practice on employment law and counseling, primarily on the management-side. He has also litigated employment related claims in state and federal courts. Based on this experience, Mr. Shinn publishes an employment law blog, www.MichiganEmploymentLawAdvisor.com, that addresses employment related matters relevant to HR professionals and their companies. Joe Gerard Joe Gerard is the VP of Sales & Marketing at i-Sight, a leading provider of web-based case management software for corporate investigations. He’s worked with companies like Dell, Coke, Allstate, BP and more than 100 others to implement improved investigative processes that leverage best practices and case management.
    3. 3. E-Discovery & Employment Litigation: TheProblem of Treasure Troves & Karma
    4. 4. “The reality of electronic discovery is it starts off as theresponsibility of those who don’t understand the technologyand ends up as the responsibility of those who don’tunderstand the law.” Craig Ball, E-discovery attorney
    5. 5. Companies Response to E-Discovery & Employment Litigation Ignore
    6. 6. Companies Response to E-Discovery & Employment LitigationLeave it to Chance
    7. 7. Companies Response to E-Discovery & Employment LitigationPlanning & Strategy
    8. 8. Managing E-Discovery Risks•Preventable Risks•Strategic Risks•External Risks
    9. 9. Risks Unique to Employment Litigation• Statutory Preservation of employment related records• Time – Internal Investigations – Agency Investigations – Litigation• Information Asymmetry• Recycling/Reimplementation of Evidence
    10. 10. Limiting Red Ink for e-discovery preservation • Clean house before litigation is filed • Look for someone else to pay for it • Explore technology options to reduce costs • Ask your lawyer for recommendations and explore their experience reducing electronic discovery costs
    11. 11. Employment Practice Liability Insurance& E-Discovery• Review Policy.• Is Endorsement / Additional Coverage Required?• Insist to be copied and included on all communications between counsel and carrier.• Be cautious of efforts to push preservation efforts to your company.
    12. 12. Preservation Issues in a Cloudy World: Cloud Computing and E-Discovery• Control• Contract and service level commitments• Location• Responsibility• Timing
    13. 13. E-Discovery Questions to Ask Cloud Vendors• How would information be placed on legal hold?• How can the information be accessed by various parties?• How would the e-discovery functions of review and analysis be executed?• Can data be reviewed without downloading it?• What are the vendors systems, data and backup procedures?• Does the vendor ensure that information is protected and redundant?• Is information stored on a shared basis or is there dedicated storage?• Where is the physical location of the stored data?• Who bears the responsibility and cost of information collection and preservation?• Who would be held liable for a failure to collect and preserve the information?• Does the vendor provide agent/employee to testify regarding preservation and collection to further chain of custody and collection issues.• How can the data be searched and collected or locked down?• How long would collection efforts take?• What format would vendor deliver the data?• Continuity of business plans, i.e., what happens if vendor goes out of business?• Retention periods?
    14. 14. Best Practices for Companies and HR Preparing Litigation Response Plan• Information Technology & Infrastructure Decision-making – Include e-discovery assessment• Create “Litigation Response Team” – HR – Management – IT professionals – Legal• Training – managers, IT, HR• Identify earliest possible trigger date for preservation.• Document what steps taken and why. This documentation should be viewed as both a risk management exercise on the organization’s part and also an attempt to genuinely meet the company’s litigation obligations.
    15. 15. Best Practices for Companies and HR Preparing Litigation Response Plan• Make sure lawyers are resource. If not, question their value – Lawyer jargon "relevance“ – Lack of solutions/recommendations for preservation – Technical Understanding
    16. 16. Questions If you have any questions, please submit them now. Thank you for taking the time to attend today’s webinar. If you have any questions about the information covered in the webinar, please contact: Joe Gerard Jason M. Shinn jgerard@i-sight.com jshinn@ebusinesscounsel.com

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