E-Discovery & Records Management Teleconference: After Pension Committee: Practical Strategies for Managing Preservation and Collection of Electronically Stored Information and Neutralizing Spoliation Claims

Friday, January 29, 2010

Judge Shira Scheindlin's recent decision in Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al., raises important issues about the steps necessary for the preservation and collection of electronically stored information in connection with litigation. The decision may have a practical impact on how organizations respond when litigation is reasonably anticipated and, in some ways, appears to go against the current trend in which courts have been emphasizing a more proportionate and cost-based approach to the preservation, collection, and production of electronically stored information.

Please join us as we discuss the potential implications of Judge Scheindlin's ruling, and offer litigation strategies for managing preservation and collection while minimizing any legal risks. Topics to be discussed include:

  • The emphasis on the need to issue written legal holds in a timely manner and the limits of relying on key players to identify, preserve and collect relevant documents;
  • The framework set forth for analyzing spoliation claims; and
  • Strategies for formulating preservation procedures and managing meet and confer negotiations to safely limit the scope of preservation and collection.

Tom Lidbury
Therese Craparo

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