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3rd Annual Ultimate Corporate Counsel Conference

ELECTRONIC DISCOVERY & DOCUMENT RETENTION

November 12, 2008

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The Panel

• Dominic Jaar, LL.B.

• Formerly a commercial litigator at Bell Canada and Borden Ladner Gervais LLP

• Principal of Ledjit – legal technology firm specializing in

• Information management

• Law and information technologies

• eDiscovery

• Law practice management

• Author, lecturer, and consultant on law and technology issues

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The Panel

• Karen Groulx, B.A. (Hons), LL.B., LL.M.

• Partner at Pallett Valo LLP commercial litigation practice

• Focus on Information Technology and Intellectual Property disputes, and disputes arising in the construction industry

• Member of the Electronic Discovery Sub-Committee of the Task Force on the Discovery Process in Ontario

• Member of the Sedona Canada Working Group on Electronic Document Retention and Production in Canada

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The Panel

• Chuck Rothman, P.Eng

• Director of e-Litigation Services at H&A eDiscovery

• Court qualified expert in eDiscovery and computer forensics

• Created the computer forensics practice at FTI Consulting Inc.

• Member of High Technology Crime Investigation Association (HTCIA) , Canadian Society of Professional Engineers, Professional Engineers Ontario and Canadian Association of Litigation Support Professionals (CALSP)

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Why concern ourselves with Document Management?

• 30% said the pre-production process accounted for a fifth or more of overall litigation costs (Fulbright & Jaworski LLP, Fourth Annual Litigation Trends Survey)

• 17% reported that they had lost the attorney-client privilege owing to their inadvertent production of electronically stored information

• “Document” includes “Data and Information in Electronic Form” (Ontario Rules of Civil Procedure, Rule 1.03) – now commonly known as ESI – Electronically Stored Information

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Why concern ourselves with Document Management?

• Business Statistics:

• Annual sales growth 2002 – 2005 for e-records management software: 159%• Companies in lawsuits requiring production of e-mail in 2007: 75%• Private sector Canadian companies who use e-mail: 81.14%; Public sector: 100% (as of

2007)• Companies who had a major e-mail server crash in last six months: 48%• The number of gigabytes of data in average corporate hard drive is 40 and (1GB printed

data would fill a pickup truck

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• Lawsuit Statistics:

• Electronic documents Air Canada ordered to manually review in case against WestJet: 75,000

• Backup computer tapes Morgan Stanley failed to disclose in lawsuit by billionaire Ronald Perleman: 2,000

• # of e-mails George W. Bush has sent since his 2001 inauguration in case of being subpoenaed: 0

Why concern ourselves with Document Management?

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Summary of Discussion

• Key players in eDiscovery

• How to effectively manage ESI

• Developing and implementing document retention policies

• Risk and compliance issues

• Role as general counsel

• Save money and maximize costs

• Best practices for litigation