Developing Document Retention Strategies

Crafting Effective Records Management and Destruction Programs

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Wednesday, April 22, 2009
Recorded event now available


This seminar will review and evaluate strategies for effective document collection, retention, preservation and destruction within the strictures of the Federal Rules Amendments, e-discovery requirements and court decisions, during a period of increased government scrutiny on corporate conduct.

Description

As more and more companies face serious financial struggles, shareholders and government regulators (the SEC, the FBI and the DOJ, among others) are zeroing in on scrutinizing corporate conduct. As regulatory demands increase, it is critical for companies to have sound document retention policies.

Adapting to the amended Federal Rules on their own hasn't been smooth sailing either, with over 40 sanction cases and millions of dollars in fines over the past few years. Having a strong document retention program is essential to minimize the costs and risks of complying with the rules.

Failing to comply — or allowing inefficient document management — is not an option in today's environment. Poor preparation quickly skyrockets the expense of corporate readiness for discovery and investigation and exposes companies to possible sanctions and fines.

Listen as our panel of authoritative attorneys offers practical strategies to reduce risk associated with information management, including best practices for collecting, retaining, destroying and preserving documents. The panel will provide their perspectives on the impact of the e-discovery rules and recent court decisions.

Outline

  1. Duty to preserve
    1. Amended Federal Rules
    2. Triggering the duty
    3. Application to all potential litigants
    4. What should be preserved
    5. Privileges
    6. Ongoing obligation
  2. What are the consequences of inadequate management?
    1. Information management goals
    2. Business risks
    3. Litigation risks
  3. Document retention requirements under law
    1. Implications of SOX — How have the changes under SOX that criminalize document destruction impacted document retention policies?
    2. Court treatment
    3. Statutes and regulations
  4. Best practices for document retention program
    1. Legal hold policy
    2. Records management policy
    3. Inventory of records
    4. Records disposal policy
    5. Education/training

Benefits

The panel will review these and other key questions:

  • What are the business consequences and legal risks of inadequate information management?
  • What are the critical elements of a strong document retention program?
  • What is the impact of the new e-discovery rule amendments and recent court decisions on document retention standards and practices?

Faculty

Robert B. (Barry) Wiggins, Director, Forensic & Dispute Services
Deloitte Financial Advisory Services, Washington, D.C.

He consults with legal counsel and their clients on a variety of e-discovery issues and in regard to all phases of e-discovery compliance, including the preservation, collection, processing, review, and production of discovery materials in civil and criminal matters and investigations.

Jonathan M. Wilan, Partner
Hunton & Williams, Washington, D.C.

His practice focuses on complex litigation, class actions, and internal investigations, including particular experience on advising clients on how to address the challenges of electronic discovery. He advises companies on developing and implementing a strategic plan for responding to challenges of preserving and producing electronic discovery under the amended Federal Rules of Civil Procedure.

John S. (Chip) Rainey, Shareholder
Greenberg Traurig, Houston

He has extensive experience representing both traditional and online-only clients in the development of their use of the Internet for marketing, e-commerce and distribution activities.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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CLE Credit

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Customer Reviews

The webinar was very easy to use and I liked that the speakers were very knowledgeable.

E. Moses Vejil

Bingham Greenebaum Doll LLP

The program provided good info apparently based on solid experience.

Edward. J. Dunham, Jr.

Kleinbard Bell & Brecker LLP

I liked the practicality and thoroughness of the presentation and the handouts.

Barry Jasilli

CVS Caremark

The program contained good information based on solid experience.

Edward M. Dunham, Jr.

Kleinbard Bell & Brecker LLP

I liked that the speakers had great knowledge of the topic and presented it with ease without making it overly complicated or rushing through the material.

Laura S. Brooks

Law Office of Laura S. Brooks

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

K&L Gates

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

SNR Denton

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Marie A. Lona

Partner

Winston & Strawn

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

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