Mahalo Deidre and the fellow Listserv Friends,
The new FRCP is going to be a BIG challenge for our profession and we
need to get prepared for it quick, since it becomes effective December
1st.
Brian
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Deidre Paknad
Sent: Monday, September 11, 2006 5:45 AM
To: [log in to unmask]
Subject: Re: New Federal Rules of Civil Procedures...
There is a white paper I wrote on the rules and their implications on
records management and legal holds on the front of the CGOC portal and
you can find a section by section presentation on them by Tom Allman
(senior attorney from Mayer Brown and past GC of BASF who was active in
the drafting and testimony) under the CGOC Summit 2006 event
proceedings. Also note Judge Hedges book, also available on the front
page of the CGOC portal, which provides an overview of the Rules and
other very relevant case law on legal holds and discovery.
www.cgocouncil.com
The key element for records managers is the meet and confer requirements
which will require companies to describe their retention practices (as
well as their preservation and discovery approach) very early in
litigation. They will also need to disclose the sources of potentially
relevant data, both accessible and inaccessible. The net of it is that
this requirement is a very strong driver for linking retention programs
to physical locations -- the data sources -- and improving the
collaboration and connectivity between legal, records, and IT on
retention and legal holds. Note that a good number of companies are
developing a "map of the data sources" in prep for litigation. You
might want to explore whether your litigation department is doing this
now and get more involved. We believe that the map and those data
sources needs to be unified with the retention program and legal holds
process in a holistic and sustainable way.... the records coordinator
network within companies is pivotal.
HTH,
Deidre
===========================
Deidre Paknad
President & CEO
PSS Systems
p: 650-961-1717, ext 137
c: 650-714-6710
e: [log in to unmask] <mailto:[log in to unmask]>
===========================
________________________________
From: Records Management Program on behalf of Williams, Stephanie
Sent: Mon 9/11/2006 8:19 AM
To: [log in to unmask]
Subject: Re: [RM] New Federal Rules of Civil Procedures...
Yes, I would like to see the summary as well. Thanks.
Stephanie Williams
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Steve Morgan
Sent: Monday, September 11, 2006 10:10 AM
To: [log in to unmask]
Subject: Re: New Federal Rules of Civil Procedures...
Larry,
I used to have a summary on the rules changes & now can't find it. Would
you happen to have the info?
Steve Morgan
C.J. Segerstrom & Sons, Records Manager [log in to unmask]
714.438.3228 Phone 714.546.9835 Fax
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
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