The Art of Production How to minimize risk when replying to a subpoena
We see issues when inside counsel take steps to preserve and produce
information, especially electronically stored information, in response to
subpoenas in civil and criminal cases. To control costs and concentrate
resources, some companies have consolidated the process into an almost
clerical function. That consolidation, however, spawns arguments that the
tasks are no longer "lawyerly" and that, therefore, the process of holding
and gathering documents should not be deemed "legal" and the memos
reflecting the process should be discoverable.


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Source:
http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202541822371&The_Art_of_Production=&et=editorial&bu=NewYork
Law Journal &cn=specials 2/14/12&src=EMC-Email&pt=NYLJ Special
Supplement&kw=The Art of Production&slreturn=1
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