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Federal Rules of Civil Procedure: A Year in Review and the Role of Archiving 2008
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CLE-NY Credits
Notes: Approved.
Credit Status: Pending
Transitional:  Yes outside of US
Total Credits:  1.50
  Professional Practice:  1.50

Why You Should Attend

Over 80% of companies in a recent survey reported that they have no protocol for handling E-Discovery Requests. The amendments to the Federal Rules of Civil Procedure introduced new requirements for E-Discovery. However, these requirements are aren’t new anymore and courts are expecting corporate counsel to be better prepared for E-Discovery. Over the course of the past year these amendments have been applied in several cases to govern the E-Discovery process. Take this opportunity to review the application of the FRCP and evaluate the role of archiving in e-discovery.

What You Will Learn

You will learn how the changes to the FRCP have been applied in actual cases over the past 12 months while gaining a perspective on the role of archiving in the E-Discovery process.

Topics Discussed

  • FRCP year in review
  • Retention policy development and common mistakes
  • Using archiving to meet preservation requirements
  • Supporting a safe harbor defense
  • Showing mechanisms for preservation, policy enforcement and expiry.

Intended Audience

This class is intended for corporate counsel, outside counsel and IT professionals who deal with E-Discovery.

Agenda

Introduction

FRCP Year in Review (Harvey Jang)

  • Local Rules
  • Maryland ESI Protocol
  • Rule 26: Accessible vs. Inaccessible
  • Rule 26: Preservation
  • Rule 34: Form of Production Rule 34
  • Rule 37: Safe Harbor 
  • Local Rule and Case Law Update on the above four areas
  • Local Rule and Case Law Update on the above four areas

Retention Policies

  • To delete or not to delete
  • Review of aggressive deletion policies
  • Strategies for retention policy development

Role of Archiving in E-Discovery

  • Review of the Electronic Discovery Reference Model and Archiving

Corporate Counsel Per Perspectives on Archiving Technology

  • Meeting preservation obligations
  • Supporting a safe harbor defense
  • Showing mechanisms for preservation, policy and expiration

Faculty

Harvey Jang , Senior Corporate Counsel, Symantec, Cupertino, California

Harvey Jang is Senior Corporate Counsel for Symantec Corporation. He is a member of the Legal, Compliance and HR group. His primary responsibilities include international data privacy compliance and data retention management.  Prior to joining Symantec, Harvey was counsel with O’Melveny & Myers LLP and a member of their Electronic Discovery and Document Retention Practice Group.  He has extensive experience in managing large, complex litigation and advising companies with respect to retention management, electronic discovery, and litigation response. He is an active participant in The Sedona Conference, WG1: Electronic Document Retention and Production.

Harvey holds a J.D. degree with honors from the University of California, Hastings College of the Law and a B.A. degree with honors from the University of California, Los Angeles. He served as a judicial extern in the United States District Court for the Northern District of California, and is licensed to practice law in state and federal courts in California.

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