25th Annual - Continuing legal education 6... · 25th annual general counsel confernece | 7 of 22...
Transcript of 25th Annual - Continuing legal education 6... · 25th annual general counsel confernece | 7 of 22...
© 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
Consequences25TH ANNUAL GENERAL COUNSEL CONFERNECE | 11 of 22
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.