discovery in deep: corporate preservation and identification of evidence
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Discovery In Deep: Corporate Preservation and Identification of Relevant Evidence
Suzanne Ilene SchillerManko, Gold, Katcher & Fox LLP401 City Avenue, Suite 500Bala Cynwyd, PA 19004(484) 430-2354
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Obligations of Preservation and Identification Apply To:
Defendants
Plaintiffs Corporations/Business Entities Individuals
Nonparties “who possess materials reasonably anticipated to be subject to discovery in this action.”
Pretrial Order #1, Para. 14
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Sources Federal Rules of Civil Procedure
Court Orders PTO #1 PTO #11
Manual for Complex Litigation (4th Ed.)
Case Law (e.g. Zubulake v. UBS Warburg LLC )
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Types of Discoverable Information “Reasonably Accessible” Electronically
Stored Information (ESI)
Hard Copy Documents
Physical Evidence/Things
Witness Testimony
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Types of Discoverable Information “Reasonably Accessible” Electronically
Stored Information (ESI) Documents, Photographs, Videos Emails/Text Messages Voicemails, Sound Recordings Programs Databases
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Pre-Incident Preparedness Mapping
Current and Historical US and Ex-US
Document Retention Policy
Litigation Hold Policy
Privacy Policies/Written Consents EC Directive on Data Protection - “Safe Harbor”
E-Discovery Team/Outside E-Discovery Consultant
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Pre-Incident Activities Mapping
Organization Mapping
Network Mapping
Document Management Mapping
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Pre-Incident Activities Mapping
Organization Mapping Parent/Subsidiary Companies Departments Positions Individuals Outside Consultants Outsourced Departments/Responsibilities
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Pre-Incident Activities Mapping
Network Mapping Active and Passive Data – ROM and RAM Back-Up Media Offsite Storage and Processing Internal Controls (Employee Ability to Copy,
Download, Destroy, Alter) Effect of Mergers, Acquisitions, Deacquisitions
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Pre-Incident Activities Mapping
Document Management Mapping Centralized Filing System Departmental Filing System Individual/Personal Working Files
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Preservation and Litigation Hold Directives Timing Contents Distribution
IT Department Records Departments Working Departments Individual Employees Third Parties
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Witness Interviews Identify Scope of Relevant Knowledge
Identify Documents In Witness’ Possession – Confirm Preservation Known to Witness/Not in Witness’ Possession
Identify Other Potential Witnesses
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Identify Relevant and Potentially Relevant ESI
Pathname
Filename
Key Word/Term/Concept Search Attorneys - Privilege
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Cooperation and Coordination External
Opposing Counsel Business Partners Consultants/Outside Counsel Outsourcing Companies
Internal Transactional Regulatory Government Relations Ex-US
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Questions or Further Information:
Suzanne Ilene Schiller
Manko, Gold, Katcher & Fox LLP401 City Avenue, Suite 500Bala Cynwyd, PA 19004
(484) 430-2354
www.mgkflaw.com