© 2013 Zasio Enterprises, Inc. All rights reserved.

25th Annual General Counsel Conference

Prepared By: Soo Y. KangGeneral Counsel Zasio Enterprises, Inc.

Date: June 6, 2013

The Numbers

In-House Counsel’s Duty

Consequences

Compliance Guidelines

Discussion Points

86% Growth Past Year

32% Growth of 25% A Year

12% Growth of 50%+ A Year

Document Growth

The Petabyte Challenge: 2011 IOUG Database Growth Survey

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The New World of Electronic Data

400 TB at each location

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The Petabyte Challenge: 2011 IOUG Database Growth Survey

A New World: Tera-, Peta-, Exa-, Zetta-

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2008: 22% - 33%

2012: 35% - 45%

High Value Information

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Vivian Tero, Global Records Compliance: What You Need to Know, IDC, June 2010

1000 to 1

The Discovery Ratio

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Lawyers for Civil Justice, et. Al., Litigation Cost Survey of Major Companies (May 2010)

$621,880 to $2,993,567

$2,354,868 to $9,759,000

Money Talks

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Lawyers for Civil Justice, et. Al., Litigation Cost Survey of Major Companies (May 2010)

The Email Problem

Reduction of Exposure

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Swofford v. Eslinger671 F.Supp.2d 1274

(M.D.Fla. 2009)

Behind the Curtain

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Litigation Costs

Liability for Senior Management

and Counsel

Regulatory Fines

Criminal Liability

Dispositive Sanctions

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Micron Technology, Inc.v.

Rambus Inc.2013 U.S. Dist. LEXIS 154

(D.Del. 2013)

Consequences

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Q1: When was the document retention policy implemented?

Compliance Guidelines

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Q2: Does the document retention policy attach reasonable periods of retention to documents noted?

Compliance Guidelines

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Q3: Are the documents being destroyed consistently with policy?

Compliance Guidelines

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Q4: Does the policy clearly identify the destruction process?

Compliance Guidelines

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Q5: Is the policy consistent with applicable laws and regulations?

Compliance Guidelines

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Q6: Were extenuating circumstances considered prior to destruction?

Compliance Guidelines

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Q7: Does the policy provide a contingency plan for litigation hold?

Compliance Guidelines

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CONCLUSION

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Legal Disclaimer

The information provided is for educational purposes only. They are not offered as and do not constitute legal advice or opinions. You should not act or rely on any information contained herein without first seeking the advice of an attorney.

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Team up with Zasio

Expand your team with Zasio’s software and consulting services for an overall solution to your global retention schedule and management needs. Helping multi-national companies expand the scope of their records management and retention programs throughout the world—that’s the business of Zasio Enterprises, Inc. and its global consulting practice.