Developing Document Retention Strategies

Crafting Effective Records Management and Destruction Programs

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

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Conducted on Wednesday, April 22, 2009

Course Materials

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.

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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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

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

He consults with legal counsel and their clients on a variety of e-discovery issues and in regard to all phases of...  |  Read More

Jonathan M. Wilan
Jonathan M. Wilan
Partner
Hunton & Williams

His practice focuses on complex litigation, class actions, and internal investigations, including particular experience...  |  Read More

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

He has extensive experience representing both traditional and online-only clients in the development of their use of...  |  Read More

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