Allvision Computing Legal IT Forum 2007 Litigation Readiness Roundtable Andrew Haslam John Forsyth

Allvision Computing Drivers in electronic discovery Rules New laws, i.e. changes to the CPR, FRCP New laws, i.e. changes to the CPR, FRCPComplexity Increased complexity and dependency Increased complexity and dependency Increased use of computer systems Increased use of computer systems Increased digital-only existence of data Increased digital-only existence of dataVolumes Bigger storage volumes Bigger storage volumes

Allvision Computing What is Litigation Readiness “ A better fence at the top of the cliff ” “ A better fence at the top of the cliff ” Sound RIM as a good efficient business practice Sound RIM as a good efficient business practice Becoming essential for certain firms i.e. SOX, FSA, Basel 2 and MiFID Becoming essential for certain firms i.e. SOX, FSA, Basel 2 and MiFID May be part of due diligence in a M&A situation May be part of due diligence in a M&A situation

Allvision Computing Why Litigation Readiness? Regulatory and Compliance drivers Regulatory and Compliance drivers Litigation issues Litigation issues Data Protection problems Data Protection problems General information management “ Best Practice" General information management “ Best Practice"

Allvision Computing 1. Profile your systems and data 2. Reduce the pool of backup/archival media 3. Extend records/retention policy to ESI 4. Establish “ Preserve Now ” team and process 5. Streamline litigation hold process 6. Manage outside counsel and vendors 7. Litigation Process “ Outsourcing ” Changing the Corporate Architecture Corporate Strategies

Allvision Computing Be first to put a reasonable plan in place, to your advantage, then cost shift Be first to put a reasonable plan in place, to your advantage, then cost shift Issue litigation hold quickly, narrowly, and often Issue litigation hold quickly, narrowly, and often Proactively involve IT at a level that gets results, pay attention to spoliation via maintenance processes/ programs Proactively involve IT at a level that gets results, pay attention to spoliation via maintenance processes/ programs Preserve quickly (‘anticipation’ of lawsuit), on a rolling basis Preserve quickly (‘anticipation’ of lawsuit), on a rolling basis Preserve metadata Preserve metadata Collect accessible data, broadly, cull later Collect accessible data, broadly, cull later Sample to reduce population of documents sent to review Sample to reduce population of documents sent to review ‘Conceptual’ document review tools ‘Conceptual’ document review tools Emerging “best practices”

Allvision Computing Reactive/technologyProactive Original Volume (and Cost) Scope Preserve Gather ProcessHostReviewPresent Litigation Readiness Efficiencies in e-disclosure

Allvision Computing 1. Understand the details of client IT systems Think global Think global Scope of data – locations, volume, timeframe, retention Scope of data – locations, volume, timeframe, retention Preservation options, and cost to access, cull and produce Preservation options, and cost to access, cull and produce 2. Preserve data/metadata upon ‘ anticipation ’ Employee litigation holds should be robust, but may be insufficient. Employee litigation holds should be robust, but may be insufficient. IT should proactively preserve from a system standpoint IT should proactively preserve from a system standpoint Metadata, backup tapes, what is reasonable? Metadata, backup tapes, what is reasonable? 3. Develop ‘ CMC ’ strategy for negotiating Defensibility of preservation Defensibility of preservation Accessibility/inaccessibility for collection Accessibility/inaccessibility for collection Timeframe/format of production Timeframe/format of production The Challenges

Allvision Computing Questions?