E-Discovery And Document Retention by Natalie Bussan

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Slide Notes

E-Discovery And Document Retention

Published on Nov 25, 2015

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PRESENTATION OUTLINE

E-DISCOVERY

AND DOCUMENT RETENTION

Photo by Daniel Dudek-Corrigan

Discovery

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THE "GOOD OLD DAYS"

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CIVIL AND CRIMINAL

Photo by Scott*

CIVIL =$

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STATE AND FEDERAL COURTS

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WISCONSIN

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Untitled Slide

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2011

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IF IN DOUBT, DON'T THROW IT OUT

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SANCTIONS

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TWO FACTOR TEST

Time
Relevance

TIME

KNOW LITIGATION IS A DISTINCT POSSIBILITY?

Photo by ROSS HONG KONG

RELEVANCE

WHAT DID YOU KNOW?

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FROM BAD TO WORSE

Discovery Sanctions
"Spoliation inference" instruction
Lawsuits for destruction
Lose the case

Photo by Ed Yourdon

EGREGIOUS

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SPOLIATION INSTRUCTION

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?

DOES NOT MATTER

SPOLIATION PRIZE

Photo by Matthew Stinson

DISCOVERY SANCTIONS

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SAFE HARBOR

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RECORDS RETENTION/DESTRUCTION POLICY

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PUT SOMEONE IN CHARGE

Photo by Glyn Lowe Photoworks.

WHAT DO YOU HAVE?

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POLICY FOLLOWED?

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THIRD PARTIES

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See me ASAP....,

Your Boss

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REVIEW

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LITIGATION HOLD

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PLAN

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TEAM

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TURN OFF DESTRUCTION POLICY

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Document
Document
Document
Document
Document
Document

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NOT DELETING

IS NOT GOOD ENOUGH

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DON'T BE ME

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Untitled Slide

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PURE HEART

EMPTY HEAD

Photo by Lee Ann L.

Natalie Bussan