There is, however, a requirement to disclose the sources of potentially relevant information and the type and nature of the source system.  This new disclosure is perhaps the most significant and onerous impact of the rules.  

 For companies with significant volumes of litigation, the accelerated timeline for the discovery conference (so called meet and confer) makes it difficult to repeatedly go on hunting expeditions to identify systems ... Hence a good number of Fortune 500 companies are doing some level of data source identification proactively.  Many judges and counsel now refer to these system lists as "data source maps".  In large companies, there are often thousands of active lawsuits which would make the identification exercise a chaotic process if done piece meal. 

A side note, the process flows documented in SOX compliance are useful starting points and few companies need to map ALL systems, even with a lot of cases under management.  

Deidre 


----- Original Message -----
From: Records Management Program <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Thu Jun 21 09:02:27 2007
Subject: Re: [RM] RECMGMT-L Digest - 17 Jun 2007 to 18 Jun 2007 ( #2007-168)

>>My understanding is after a legal action is filed against a company in
which discovery will be part of the process, the defendant must provide
a data map showing where everything is stored, what format it is in and
an inventory of the records so that the plaintiff may file for those
documents that apply.<<

There is a requirement in the revised Rules of Civil Procedure to
provide the opposing counsel with information regarding possibly
relevant records at the Meet and Confer.  Nothing in the rules requires
a data map.  For most litigations, an organizational data map is like
hunting grasshoppers with one of Steve W's. cannons, just a bit of
overkill.

Data maps may be very useful internally and might be offered to the
other side on a rare occasion. I see that as an exception not the rule.

Bill R

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