MER 2010: Sessions Details

In the last year, state and federal courts have issued a record number of decisions on the preservation, discovery, and use of electronic records and data in lawsuits.

This session will present an overview of the most important judicial decisions handed down in the past 12 months – together with the practical impact of these decisions from both a legal perspective and the decisions’ impact on electronic records management (ERM).

Special attention will be given to recent decisions involving sanctions for the failure to preserve ESI, new rules regarding attorney-client privilege, and conflicting judicial attitudes towards employee privacy in email and text communications.

Some of the issues surrounding these decisions will be reviewed and will include the following:

• “Legal holds” and the Pension Committee v. Banc of America decision
• The RIM role in the “meet and confer” requirement of discovery
• “Two-tiered” discovery and “not reasonably accessible” data
• Judicial attitudes towards metadata preservation and production
• Protection of attorney-client privilege, attorney work product, and trade secrets
• Protection of employee and customer privacy
• Spoliation and sanctions