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Electronically Stored Information Preservation and Collection: Zubulake Revisited

New Requirements for Effective Litigation Holds

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

Conducted on Wednesday, March 3, 2010
Recorded event now available

This CLE webinar will detail the implications of the Pension Committee decision for business counsel, explain the opinion's analytical framework for preserving electronically stored information (ESI) and assessing culpable conduct, and offer best practices for using litigation holds and preserving ESI.

Description

A highly-anticipated recent decision, Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities provides companies and counsel with meaningful guidance for evaluating whether steps taken to preserve evidence are reasonable.

In the decision, Judge Shira Scheindlin warned, “it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records—paper or electronic—and to search in the right places for those records, will inevitably result in the spoliation of evidence.”

The compliance challenges companies now face are far-reaching. The new preservation requirements will impact strategic, technological and human resources companywide. Companies and counsel must fully understand the expanded e-discovery case law in order to ensure compliance.

Listen as our authoritative panel of litigators examines the Pension Committee decision and its implications, explains the analytical framework for preservation of ESI and assessing culpable conduct, and offers best practices for litigation holds and preservation of ESI.

Outline

Duty to preserve and managing preservation
1. Triggering event
2. Defendants v. plaintiffs
3. Scope of preservation
4. Ongoing obligations
Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities (S.D.N.Y. Jan. 11, 2010) and its implications
1. Requirements for findings levels of culpability for spoliation
2. Remedy for spoliation
Best practices for litigation holds
1. Litigation hold checklist
2. Possible use of technology
3. Managing ongoing preservation obligations

Benefits

The panel will review these and other key questions:

What guidance does the Pension Committee decision provide for analyzing spoliation claims?
What are the first steps parties must take upon notice of a litigation hold?
What time and cost-saving measures can companies and counsel employ to properly preserve electronic information?

Faculty

Michael E. Lackey, Jr., Partner
Mayer Brown, Washington, D.C.

He focuses on civil and criminal litigation and electronic discovery. He handles multi-district and class action litigation, government contract disputes, and appeals. He is nationally recognized for his knowledge of electronic discovery issues and is a member of the Board of Advisors to the Georgetown University Law School Advanced E-Discovery Institute.

Jeffrey Fowler, Counsel
O'Melveny & Myers, Los Angeles

He leads the firm's Document Production Task Force and is a member of the Document Retention and e-Discovery Practice. He is responsible for the firm's standard protocols for e-discovery and advises clients on litigation preparedness and document retention and destruction policies.

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.

Ordering

Online CLE

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, OR*, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, SC, TN, 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 $123.50
Available 24 hours after the live event