Data Mapping and Litigation Preparation

Best Practices to Navigate Discovery and Track Electronically Stored Information

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

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Conducted on Wednesday, February 25, 2009

Course Materials

This seminar will examine how to create and use data mapping, among other tools, to manage and reduce costs involved with electronically stored information in litigation and discovery preparation.

Description

The recent federal rules amendments require litigants and counsel to identify all electronically stored information (ESI) and its location during early stages of litigation. To comply with the rules, counsel must become well acquainted with a client’s ESI terrain.

A data map is a key tool to meet these new requirements. A well planned map allows a company and its counsel to determine which ESI to retain and for how long. It also gives counsel information needed to demonstrate to a court when certain ESI is too difficult or costly to access.

Counsel's inability to comply in a timely and efficient manner with these rules carries substantial consequences: higher discovery costs, penalties and possible sanctions. Data mapping and other pre-litigation steps can transform the challenge into an opportunity to improve ESI management.

Listen as our authoritative panel examines what counsel and parties can do to reduce the burden of discovery time and costs by using data mapping and other e-discovery strategies.

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Outline

  1. Legal landscape
    1. Unique aspects of ESI
    2. Amended federal rules to address ESI
    3. Court’s expectations
    4. Sophisticated counsel, courts
    5. Consequences
    6. Critical to be prepared before the complaint arrives
  2. Electronic information management (EIM) for daily efficiency and litigation-preparedness
    1. Technology’s impacts on liability risks
    2. Records retention and EIM regimes
    3. eDiscovery preparedness
    4. Benefits to be derived from data mapping
  3. Data mapping
    1. Elements of data mapping
    2. Creating a data map
    3. Maintaining/updating a data map

Benefits

The panel will review these and other key questions:

  • How can companies and counsel use data mapping to manage electronically stored information?
  • What are the other methods available to counsel to manage and help clients manage their ESI?
  • What are the best practices for implementing a data map that will comply with the federal rules?

Faculty

Michael E. Lackey, Jr.
Michael E. Lackey, Jr.
Partner
Mayer Brown

He focuses on civil and criminal litigation and electronic discovery. He handles multi-district and class action...  |  Read More

Robert D. Brownstone
Robert D. Brownstone
Law and Technology Director; Chair, EIM Group
Fenwick & West

He advises clients on electronic discovery, information-security, electronic information management and on...  |  Read More

Shawn M. Christen
Shawn M. Christen
Managing Director
Huron Consulting Group

He works with counsel providing data analysis, document management, computer forensics, electronic discovery and expert...  |  Read More

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