1. DEVELOPING A LITIGATION HOLD PROCEDURE One Law Department’s Story Terry Ciccotelli Divisional Counsel Saint-Gobain Corporation

2. Once Upon A Time…….  Outside Counsel Directed Document Productions  No Uniform Approach  No IT Department Involvement  Office by Office Search / Interviews  Huge Paper File Copy Project  Bates Stamped Documents

3. The Way It Is Today!  FRCP Amendments  Zubulake  Fines  New Vocabulary: Metadata, Backup Tapes, E-Discovery; De-Duplication; Claw Back; ESI; Native Format; Redacting  Record Retention Plans

4. The Road To The 21 st Century  Our Record Retention Plan does not address electronic documents.  One exception: Email is to be treated just like paper correspondence – but, maybe not.  All locations not using same off-site storage / archival company (over 180 plants and 24,000 employees in US).  Responsibility for answering questions about record retention is given to me.

5. The Road To The 21 st Century  We need an overhaul of the Record Retention Plan.  We need a Litigation Hold Process.  We need a budget to accomplish this.  We need a vendor to help.  We need more than just the law department involved in the process.  We need “buy-in” at the top level of management.

6. The Road To The 21 st Century  INTERNAL STRUGGLES Who is in charge? Who is in charge? Whose budget? Whose budget? Why me? Why me? Tell me again why this is needed? Tell me again why this is needed? Isn’t this just another Y2K scare? Isn’t this just another Y2K scare? Why is this a Law Department issue? Why is this a Law Department issue?

7. The Road To The 21 st Century  COMMITTEE Law Department Law Department IT Department IT Department HR Department HR Department Business Unit Personnel Business Unit Personnel Purchasing Department Purchasing Department Others? Others?

8. The Road To The 21 st Century  VENDORS FIRST decide what you need FIRST decide what you need Then, decide what you need FIRST Then, decide what you need FIRST

9. Where We Are Today Working to Overhaul Record Retention Plan Survey of all “documents” Survey of all “documents” Where documents are located Where documents are located Who “owns” the documents Who “owns” the documents How long to retain How long to retain Where / How to retain Where / How to retain

10. Where We Are Today Implementing Litigation Hold Process Electronic – via email Electronic – via email Assign Oversight to One Person Assign Oversight to One Person Uniform Procedure / Employee Recognition Uniform Procedure / Employee Recognition Record of: Record of: Instructions Given Instructions Given Recipients / Reminders Recipients / Reminders Responses Responses Updates Updates

11. The Road Ahead….. Continue to Refine Litigation Hold Mechanism  Integrate with Outlook email addresses  Roll out to other law department sites  Tie into revised Record Retention Plan  What to do about non-US employees?