E-Discovery and Information Management

CD of Live 90-Minute Telephone Conference with an Interactive Q&A Session Conducted on February 22, 2006 Now available on CD

As technology advances, both plaintiff and defense attorneys are facing unanticipated challenges from the massive impact of such advances 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 effective information 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.

Moreover, the Judicial Conference's new e-discovery amendments to the Federal Rules of Civil Procedure, approved on Sept. 20, are being considered by the Supreme Court. These rules have a chance of being made effective this year.

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

The panel includes:

Robert Brownstone Esq., Practice Technology Manager, Fenwick & West, Silicon Valley. He serves a traffic cop for the firm's Practice Support Team, which just received the ALM/LTN Award for Most Innovative Use of Technology for its unique "FIND" approach to eDiscovery. A member of the Information Systems Auditing and Control Association, he is a nationwide speaker and writer on law and technology issues arising from EDiscovery, Information Security and Compliance.

David R. Cohen, Partner, Kirkpatrick & Lockhart Nicholson Graham, Pittsburgh, is co-chair of the firm’s Records Management and E-Discovery Practice Group. He concentrates his practice in commercial litigation, including technology and intellectual property litigation, insurance coverage, real estate and other complex litigation, and appeals.

Grant J. Esposito, Partner, Mayer Brown Rowe & Maw, New York, specializes in complex commercial litigation, including e-discovery and records management, accountants' liability, antitrust, labor and employment, products liability and securities law.

Thomas M. Mueller, Partner, Mayer Brown Rowe & Maw, New York, specializes in antitrust litigation, shareholder derivative and class action litigation, counseling on and coordination of responses to e-discovery requests, product liability litigation, and international arbitration.

• 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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