E-Discovery and Information Management

CD of Live 90-Minute Telephone Conference with an Interactive Q&A Session Conducted on October 13, 2005 Now available on CD

With the advancement of technology, both plaintiff and defense attorneys are facing new and unanticipated challenges, including the massive impact such advances have on discovery obligations. Knowing how to manage these challenges may, literally, be the difference between victory and defeat.

To successfully handle the demands of electronic discovery, it is vitally important to develop highly effective management strategies. As the $1.45 billion damages award in the Coleman Holdings v. Morgan Stanley Co. case made evident, failure to properly handle electronic documents can prove very costly.

More changes are anticipated with the Judicial Conference considering amendments to the Federal Rules of Civil Procedure concerning e-discovery on Sept. 20.

Our panelists will help corporate counsel and legal advisors understand and develop strategies for managing document retention and electronic discovery in a period of uncertainty.

• Thomas Y. Allman, Senior Counsel, Mayor Brown Rowe & Maw, Chicago, represents and advises corporate clients on e-discovery, electronic information management, and integration of technologies. As Senior VP and Chief Legal Counsel for BASF Corporation, he led a coalition of corporations supporting amendments to e-discovery federal rules. He has also authored several publications on the subject of e-discovery.



• Stephanie A. Blair, Partner, Morgan Lewis, Philadelphia, is director of Morgan Lewis Resources—Legal Logistics where she works with the firm’s attorneys and clients to provide state-of-the-art case and discovery management, knowledge sharing and collaboration resources. She lectures on civil procedure and discovery management, and has published articles on document management and e-discovery in legal journals nationwide.



• Jeffrey B. Ritter, Partner, Kirkpatrick & Lockhart, Nicholson Graham, LLP, Washington, DC, practices in the areas of information technology, commercial law, privacy and information management, and mergers and acquisitions. He served as the Founding Chair of the ABA's Committee on Cyberspace Law, Section of Business Law and is the 2005 Co-Chair of the Georgetown Advanced Computer and Internet Law Institute.

The panelists will consider these and other key questions:

• How should document retention policies be crafted to incorporate the unique aspects of preserving and producing electronic records?
• What lessons can be learned from the Zubalake decision, the Morgan Stanley verdict and other cases in which electronic documents were critical issues?
• How does Sarbanes-Oxley affect electronic document retention policies and procedures?
• How can the costs of collecting electronic documents best be managed – and can any of the discovery costs be shifted or shared?

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