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Subject:
From:
Pilar McAdam <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 26 Feb 2008 11:32:19 -0800
Content-Type:
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Nick De Laurentis asked regarding custodian responsibilities for
e-discovery: 

"I am curious to the thoughts of the List, both in-house records
maangers 
and third party service providers (please specify your perspective if
you 
respond)."

I'm answering as a previous in-house records managers at a very large
corporation.  We had numerous discussions with our in-house litigation
attorneys, and they were adamant that a custodian's (i.e., employee's)
responsibilities only kicked in if they received notification from the
Legal Department.  If they received that notice, they were to produce
any responsive documents (including emails), not destroy/delete the
information, etc.  They were specifically instructed NOT to forward the
request to or to notify anyone else.  Information about e-discovery was
not publicized or made available to the general employee population.
So, only those receiving discovery requests had any responsibilities.
The records department played no role in e-discovery.

I'm not saying that I agreed with the policy described above, but it's
how that Legal Department wanted things handled.

Pilar C. McAdam
Director Legal Information Systems
Sheppard Mullin Richter & Hampton
[log in to unmask]



 
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Pilar C. McAdam
Director of Legal Information Systems
333 South Hope Street
48th Floor
Los Angeles, CA 90071-1448
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Direct: 213.617.5417
Fax: 213.443.2703


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