Federal Rules, Local Rules and Case Law

• Examples of Electronically Stored Information (ESI)
• Where to look for ESI?
• Determining the scope of the hold
• When is the duty to preserve triggered?
• The duty of counsel (e.g. reissuing the hold)
• Discussion of Norwalk case and potential sanctions--balancing risk v. allowing the institution to keep functioning

Case Study: Analysis of issues and problems in electronic discovery requests

• Examples of discovery requests
• How to identify pertinent information
• Who conducts the search?
• Who is the "key employee"?
• How to communicate with affected personnel?
• Privilege and waiver issues
• Negotiating limits on discovery with opposing counsel

Questions and Answers

Policy and Practical Issues

• Privacy Policies
• Acceptable Use Policies
• Reasonable retention of documents
• Sample university litigation hold policies
• Employee use of third-party applications to create and store university records
• Working in advance with IT personnel

Outside Vendors and Other E-Discovery "Tools"

• When to hire an outside vendor
• Document management systems

Questions and Answers