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Ten Things Every Corporate
Legal Department Should Know
about Discovery
Bill Savarino
Partner, Cohen Mohr LLP

Bill Tolson
Director of Legal and Regulatory Systems,
Mimosa Systems Inc.


           Copyright © 2008 Mimosa Systems, Inc. - Confidential
Ten Things Every Corporate Legal Dept
Should Know about Discovery


1. Create and maintain appropriate
   document retention policies and
   practices
Ten Things Every Corporate Legal Dept
Should Know about Discovery


2. Utilize an effective ESI archiving system
   that permits efficient search, review, and
   culling of ESI as well as immediate
   placement of litigation holds
Ten Things Every Corporate Legal Dept
Should Know about Discovery


3. Understand the company’s data
   infrastructure and develop a data map
Ten Things Every Corporate Legal Dept
Should Know about Discovery


4. Establish an ESI team to develop and
   implement a litigation action plan
Ten Things Every Corporate Legal Dept
Should Know about Discovery


5. Educate employees and enforce
   compliance with retention policies and
   practices
Ten Things Every Corporate Legal Dept
Should Know about Discovery


6. Avoid delegating record retrieval and
   review to outside vendors
Ten Things Every Corporate Legal Dept
Should Know about Discovery


7. Hire outside counsel who are
   knowledgeable about ESI discovery and
   who are technologically savvy
Ten Things Every Corporate Legal Dept
Should Know about Discovery


8. Develop appropriate trigger points for
   anticipating litigation and develop
   litigation hold procedures to implement
   such triggers
Ten Things Every Corporate Legal Dept
Should Know about Discovery


9. Take proactive steps to prevent the
   potential inadvertent production of
   privileged records
Ten Things Every Corporate Legal Dept
Should Know about Discovery


10.Determine what information is not
   reasonably accessible up front and take
   steps to defend that position when
   necessary
Speaker Contact




                 William F. Savarino
                  Cohen Mohr LLP
          1055 Thomas Jefferson Street, N.W.
                       Suite 504
               Washington, D.C. 20007
                   (202) 342-2550
             bsavarino@cohenmohr.com
 Questions?

info@mimosasystems.com
www.mimosasystems.com

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Ten Things Every Corporate Legal Department Should Knowu

  • 1. Ten Things Every Corporate Legal Department Should Know about Discovery Bill Savarino Partner, Cohen Mohr LLP Bill Tolson Director of Legal and Regulatory Systems, Mimosa Systems Inc. Copyright © 2008 Mimosa Systems, Inc. - Confidential
  • 2. Ten Things Every Corporate Legal Dept Should Know about Discovery 1. Create and maintain appropriate document retention policies and practices
  • 3. Ten Things Every Corporate Legal Dept Should Know about Discovery 2. Utilize an effective ESI archiving system that permits efficient search, review, and culling of ESI as well as immediate placement of litigation holds
  • 4. Ten Things Every Corporate Legal Dept Should Know about Discovery 3. Understand the company’s data infrastructure and develop a data map
  • 5. Ten Things Every Corporate Legal Dept Should Know about Discovery 4. Establish an ESI team to develop and implement a litigation action plan
  • 6. Ten Things Every Corporate Legal Dept Should Know about Discovery 5. Educate employees and enforce compliance with retention policies and practices
  • 7. Ten Things Every Corporate Legal Dept Should Know about Discovery 6. Avoid delegating record retrieval and review to outside vendors
  • 8. Ten Things Every Corporate Legal Dept Should Know about Discovery 7. Hire outside counsel who are knowledgeable about ESI discovery and who are technologically savvy
  • 9. Ten Things Every Corporate Legal Dept Should Know about Discovery 8. Develop appropriate trigger points for anticipating litigation and develop litigation hold procedures to implement such triggers
  • 10. Ten Things Every Corporate Legal Dept Should Know about Discovery 9. Take proactive steps to prevent the potential inadvertent production of privileged records
  • 11. Ten Things Every Corporate Legal Dept Should Know about Discovery 10.Determine what information is not reasonably accessible up front and take steps to defend that position when necessary
  • 12. Speaker Contact William F. Savarino Cohen Mohr LLP 1055 Thomas Jefferson Street, N.W. Suite 504 Washington, D.C. 20007 (202) 342-2550 bsavarino@cohenmohr.com