By the time we gather in Chicago in May, the 2015 Amendments to the Federal Rules of Civil Procedure will have been in place for nearly 6 months, and scores of federal court decisions will have been rendered interpreting these new Rules. In this fast-paced session, we will explore some of more significant decisions rendered by judges familiar with electronic records management (including a few judges who have attended MER in the past) and see if the new Rules are living up to their promise. The broad questions we will address include
- Whether (and how) the revisions to Rule 26 will help you better focus your efforts to identify, collect, and preserve electronically stored information (ESI) that may be called for in litigation
- Whether (and how) the completely new Rule 37(e) will help you avoid sanctions for failing to preserve ESI in litigation
Some of the specific cases we will discuss raise important practical questions for you as ERM and IG professional, including:
- When and how should you issue a Legal Hold in your organization? Have those considerations changed under the new Rules?
- Can you trust employees to reliably identify and collect ESI that might be subject to discovery?
- Are you required to collect and preserve ESI from employees’ mobile devices and social media applications?
- How do you respond to requests for ESI held on overseas servers or in the Cloud?
- Do federal judges till have sanctioning powers, beyond the restrictions of the new Rule 37(e)? And if so, under what circumstances?
This annual update is a MER tradition, providing the information and insights that ERM and IG professionals – and their lawyers – seek, in a way that everyone can understand.
Speakers: Steven Teppler,Esq., John Jorgensen