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ARMA Preservation, Legal Hold and Data Accessibility. November 17, 2010 Northern New Jersey Chapter Meeting Woodbridge Hilton. Preservation, Legal Hold and Data Accessibility. November 18, 2010 New York Life Insurance Company. Introductions. Moderator:
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ARMA Preservation, Legal Hold and Data Accessibility November 17, 2010 Northern New Jersey Chapter Meeting Woodbridge Hilton
Preservation, Legal Hold and Data Accessibility November 18, 2010 New York Life Insurance Company
Introductions Moderator: • DerickArthur – Records Manager at Proskauer Rose LLP Panelists: • Salvatore Mancuso - Litigation Technology Services Manager at Willkie Farr & Gallagher LLC • Bill Creamer – Records Manager at Willkie Farr & Gallagher LLC • Marilyn Caldwell - ESI Consultant
Intro to Litigation Support and Records Management Connection • How do they interact?
How do Records Management & Litigation Support Interact?The EDRM Model
Intro to Litigation Support and Records Management Connection Definitions: • Legal Hold - A legal hold is a communication issued as a result of current or reasonably anticipated litigation, audit, government investigation, or other such matter that suspends the normal disposition or processing of records. • Retention – The length of time a given record series must be kept, expressed as a time period, en event or action. • Preservation – The process of retaining documents and ESI, including document metadata, for legal purposes and should include suspension of normal document destruction policies and procedures. Definitions from the SEDONA CONFERENCE GLOSSARY: E-Discovery & Digital Information Management 2010
Convergence: Records Management and Litigation Support • What is the difference between preservation and litigation hold? • Where is there an opportunity to still manage efficiency while minimizing risk?
Convergence: Records Management and Litigation Support • Open and ongoing discussion regarding when the duty to preserve is triggered . . . • Guidance regarding the process of preservation . . .
Convergence: Records Management and Litigation Support • Data retention and disposition considerations once a litigation hold is implemented . . .
Convergence: Records Management and Litigation Support • Records Management Retrieval Tools • General design and purpose • Utility for litigation support • Identification • In-place preservation • Extraction for electronic data processing
Convergence: Records Management and Litigation Support • Wrap-up . . . What are recommendations to counterparts at corporations or law firms to improve the process ?