Richard Gomes, Senior Vice President, Corporate IT and Risk Management Policy, at Citigroup Global Markets offered an introduction to retention policies and practices by looking at his employer’s current roadmap starting in 2005. While Richard was supposed to join us, he was required to fly to Hong Kong at the last minute. Nevertheless, we benefited from his insight via teleconference.
Here is his presentation:
Philippe Senécal, Legal Counsel at Ledjit Consulting Inc.provides the attendees with an introduction to forensic methodologies, procedures and pitfalls as well as tools for locating and reviewing data, metadata, and antiquated formats. Given the details level of Phil’s presentation, we won’t blog about it and refer you to the Powerpoint directly:
Shaun Saldanha, eDiscovery Manager (Litigation Risk) at the TD Bank Financial Group, and Rob Gerbrandt, Senior Consultant with Ledjit Consulting Inc. looked at the development and implementation retention program.
Types of data:
Structured and Unstructured
Where a document resides is irrelevant: a document is a document is a document
Instant messages: some companies deals with them as ephemeral and transitory documents. At TD, they divided the documents in a regulatroy framework and equated instant messages and emails as one type of document.
The idea is to retain the right information, in the right location for the right amount of time
COSO framework
Key player is people: without people, the system falls apart. Employees need to be involved at all stages of the process to identify all the risks that need to be managed, from planning to implementation and auditing.
Key drivers:
One can’t focus only on the applicable laws, but also and perhaps most importantly, on the needs of the organization, hence the necessity to involve employees at all levels.
Most attendees’ organisations do not have a direct channel and opened communication between IT and legal. They need to talk when handling urgent issues. It is important to develop a clear process with continuous dialog. However, the process will depend on the organization and its risks profile.
How often is legal involved in the planning of technology implementation? What about decommissioning systems?
Federated cost : IM benefits to the whole enterprise. No particular group, particularly the legal department which is already a cost center without a prefixed budget, wants to foot the bill… Furthermore, many lawyers feel that legal is now forced to pay the price of historic information mismanagement! “Wasn’t it the IT department taking care of information? – No, IT only cares about the “T”, i.e. technology; the “I”nformation belongs to the end-users…” So, one of the first questions that needs to be answered is who pays what and how? Retention might be an opportunity for green initiatives and vice versa.
Primary challenges of retention programs is:
The best way to get buy-in is to start small by grabbing the low-hanging fruits and quickly show the ROI.
Full-house at the Canadian Corporate Counsel Association (”CCCA”) eRecords Academy for Corporate Counsel! Ledjit will be blogging live to provide its clients who could not attend with the relevant content.
Paul Ouellette welcomed the attendees and introduce Dominic Jaar for the opening remarks. Here is the draft address:
Introduction
When: Wednesday, February 10, 2010 1 p.m EST
Where: Webinar
THE SEDONA CONFERENCE® “VOICES FROM THE DESERT” WEBINAR SERIES PRESENTS “ZUBULAKE REVISITED? DISSECTING THE PENSION COMMITTEE V. BANC OF AMERICA OPINION” – WEDNESDAY, FEBRUARY 10, 2010 AT 1:00 PM EASTERN
The first major judicial opinion on e-discovery for 2010 was delivered by a judge who was already a distinguished jurist in the field and it harkened back to a landmark decision from the past. The January 15 Amended Opinion and Order in Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al. was titled “Zubulake Revisited: Six Years Later [pdf]” by its author, Hon. Shira A. Scheindlin of the U.S. District Court for the Southern District of New York, who stated, “Once again, I have been compelled to closely review the discovery efforts of parties in a litigation, and once again have found that these efforts were flawed. As famously noted, ‘[t]hose who cannot remember the past are condemned to repeat it.’”
Pension Committee details the data preservation efforts of 13 plaintiff investors who joined an action to recover an alleged half-billion dollars in losses from the liquidation of two British Virgin Islands-based hedge funds. More to the point, the opinion details the lack of preservation efforts by the plaintiffs, finding that seven of the plaintiffs acted negligently and six of the plaintiffs acted with gross negligence, resulting in the probable loss or destruction of relevant data, and requiring further discovery, monetary sanctions, and a carefully-crafted spoliation instruction to the jury. In her lengthy opinion [pdf], Judge Scheindlin discusses the duty of preservation and what it requires of parties, distinguishes between the various levels of culpability in the plaintiffs’ conduct, explores the shifting burdens of proof in spoliation claims, and sets out the appropriate remedies for the failure to preserve electronically stored information in litigation.
In this webinar, our distinguished panel will take a careful look at the Pension Committee opinion and what it teaches all of us – plaintiffs, defendants, and the Judiciary – about the duty of preservation and the sanctions for spoliation. The panel will be moderated by Ken Withers (Director of Judicial Education and Content, The Sedona Conference®) and will include Hon. Elizabeth Laporte (United States Magistrate Judge in the Northern District of California) attorneys Jonathan Redgrave (Nixon Peabody LLP) and Jennifer Young (Milberg LLP), and veteran e-discovery technical expert John Jessen (Datacon/Electronic Evidence Discovery).
TO REGISTER and for more details, please go to our WGS Audio Update Series homepage. The registration fee for this program is only $99 for the general public and $79 for members of The Sedona Conference® Working Group Series.
Once registered, you will be able to listen to the discussion by telephone, view PowerPoint slides, download selected program materials, and ask questions during a question-and-comment period.
1.25 HOUR OF MCLE ACCREDITATION will be applied for in the following jurisdictions:
California
Georgia
Illinois
Indiana
Minnesota
Mississippi
Missouri
Nevada
Tennessee
Texas
Wisconsin
Each person who wants to receive MCLE credit must register and participate INDIVIDUALLY. Group or location registration will not be recognized for MCLE credit.
Follow this link for more information about the ruling
ou bien en français.
Start 2010 off on the right foot and attend our eRecords Academy for Corporate Counsel!
If there were only one conference to mark on your 2010 calendar, this would be it: The eRecords Academy for Corporate Counsel, under the auspices of the Canadian Corporate Council Association and the Canadian Bar Association. On Monday, February 22, join conference organizers Dominic Jaar, Philippe Senécal in Toronto for a full day’s immersion into the subject of electronic records management from the perspective of litigation preparedness and prevention experts.
Citigroup Global Markets, Senior Vice President, Corporate IT and Risk Management Policy’s Richard Gomes kicks the day into high gear with a keynote address entitled: “Introducing Retention Policies and Practices: A Corporate Approach with an IT Perspective”. Mr. Gomes paves the way for Terry McQuay, President, Nymity Inc. and Sharon Redding, Senior Law Clerk, Bell Canada to illuminate “The Intersection of Privacy, Document Retention and eDiscovery – Reducing Organizational Risks”. Bringing the morning to an end with, “The Effective eDocument Retention Program – Policies, Processes and Solutions” is Ledjit’s Senior Consultant, Rob Gerbrandt et TD Bank Financial Group, e-Discovery Manager’s Shaun Saldanha.
The afternoon speakers include: Carolyn Anger, Document Management Clerk, Stikeman Elliott LLP; Kristian Littman, Associate Corporate Counsel, Best Buy Canada Ltd.; The Hon. Mr. Justice Colin Campbell, Ontario Superior Court of Justice; Patrick Zeller, Assistant General Counsel, Guidance Software; Melanie Schweizer, Senior Counsel, Bell Canada; Edwina Podemski, Lawyer, Alberta Justice – Civil Law Branch; and, Denise Bagnell, Managing Director, Tri-global Solutions Group Inc.
Click here for more information about this and other exciting conferences.
(Ledjit clients are welcome to complementary admission to the eRecords Academy in Toronto!)
The recent IT.CAN Quarterly Roundtable presented by Dominic Jaar, President, Ledjit Consulting Inc., titled: e-Discovery: Advising your Clients on How to be Litigation Ready in the 21st Century, is available to Members of IT.CAN for audio replay on the IT.CAN website, Members Only section.
Below is a Powerpoint presentation by Dominic Jaar on this subject:
- Covering the EDRM
- e-discovery Readiness
- Identification
- Preservation
- Collection
- Processing
Below is a Powerpoint presentation by Dominic Jaar on this subject:
- Litigation Preparedness
- Information Management Framework
- Document Management System
- Templates/Forms
- Preservation, Collection, Processing, Review, Production
Below is a Powerpoint presentation by Dominic Jaar on this subject:
- Paper vs. Electronic document
- Metadata
- The Sedona Canada Principles
- The Electronic Discovery Reference Model
- Identification
- Preservation
- Collection
- Ressources
Ledjit on LinkedIn
Ledjit on Delicious