1. ILTA – Insight 2007 E-Disclosure --Preparing for Compliance-- Moderator: Sally Gonzalez, Director, Navigant Consulting, Inc. Panelists: Oz Benamram, Director of KM, Morrison & Foerster LLP Andrew Haslam, Lead Consultant, Allvision Consulting

2. Agenda Introductions Highlights from e-Disclosure Strategy Session When might a law firm be subject to E-Disclosure? What might E-Disclosure readiness involve? What challenges might a law firm face? What actions should be on your “To Do” list?

3. E-Disclosure Strategy Session Highlights Impact of changes in the CPR and FRCP Effects on businesses Effects on law firms in US Possible effects on law firms in UK

4. When might a law firm be subject to E-Disclosure? Respond to client requests –Client is under investigation or subject to litigation –Client requests back history –Client requests destruction or return of materials Respond to request from regulatory body or government Respond to a Freedom of Information Request Comply with a protective order issued by a court prohibiting sharing of information within the firm Preparing to defend itself against action brought by client or employee Reasonable expectation of litigation (US)

5. What might E-Disclosure readiness involve? Records Management policy, procedures and documentation Demonstrable proof that IT information management policies and procedures align with and enforce RM policy Defensible litigation hold processes, procedures and documentation

6. What might E-Disclosure readiness involve? Defensible preservation processes, procedures and documentation (paper and electronic information) Up-to-date inventory of technology systems Up-to-date data map Methods to collect and produce required materials

7. What Challenges Might a Firm Face? Getting management support in advance –Firm’s believe they are immune until an event occurs –Records management policies and procedures are notoriously hard for firms to embrace

8. What Challenges Might a Firm Face? Balancing interests of competing stakeholders –Lawyers want to keep everything “forever” –Firm as a business needs to routinely dispose of information in accordance with RM policy in order to be prepared to defend itself –Client wants firm to maintain information in accordance with the client’s interests Establishing effective communications between IT and legal

9. What Challenges Might a Firm Face? Doing the work –Most IT systems and procedures are designed for business continuity and recovery, not disclosure activities –Data privacy rules and regulations can complicate work substantially People mix personal and business information and you might have to uncouple them –Work efforts to preserve, collect and product can be labour intensive for IT if not planned for in advance

10. What Challenges Might a Firm Face? Covering the costs—which can be enormous –Identifying and capturing costs (hard and soft) –Recovering costs from clients –Absorbing unrecoverable costs in the firm’s budget

11. What actions should be on your “Strategic To Do’s” list? Create a policy dialogue with firm’s leadership –Understand potential risks and costs of doing nothing –Present plan for E-Disclosure preparedness and seek support Make sure IT’s operational procedures fit with the firm’s business goals for e-Disclosure preparedness

12. What actions should be on your “Strategic To Do’s” list? Keep pace with evolving standards and changes in environment –“You will be measured today by tomorrow’s standards” Enforce records retention/destruction policy on electronic information Implement a comprehensive matter centric computing environment, if possible

13. What items should be on your “Tactical To Do’s” list? Establish a formal litigation hold process Understand the high risks of e-mail and manage aggressively –Set shortest possible retention period for un-filed e- mails and enforce automated deletion –Ensure backup procedures are aligned with retention rules –Understand and mitigate risks of users creating personal e-mail archive files

14. What items should be on your “Tactical To Do’s” list? Maintain historical and current inventories of data, media, and user access rights –Establish operational policies and procedures to keep current –Distinguish between reasonably accessible and inaccessible locations Maintain historical and current inventories of technology infrastructure

15. QUESTIONS?