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From the MER Conference 2012
Speaker: Kenneth Withers, Esq.
2011 was another year in which court decisions involving electronic records made headlines in both the legal and records management worlds.
The fifth anniversary of the federal rule amendments that recognized "electronically stored information" (ESI) as a unique category of evidence,
A year in which federal Courts of Appeal - not just the trial courts - recognized the costly and disruptive effect that disputes over the preservation and production of ESI can have, and
A year in which highlighted the frustration that lawyers, clients, judges, and court rule makers have with our slowly-evolving "common law" of preservation and spoliation.
This fast-paced session will bring you up to speed on how the courts have been addressing electronic records management issues in the past year.
The following issues will be highlighted and discussed:
- When the "duty of preservation" is triggered,
- Obligations to preserve backup media,
- The preservation and production of metadata,
- The preservation and discovery of social media and ESI in the cloud,
- The consequences of failing to implement a "litigation hold",
- Proportionality in preservation and production of ESI, and
- The prognosis for new federal rules in 2013.