Prevention & Pitfalls in E-Discovery. Panelists: Ky Fullerton, Umpqua Bank Anton Litchfield, Encore Discovery Solutions Josh Sasaki, Miller Nash LLP Moderator: Jovita Wang, Miller Nash LLP Sponsored by Miller Nash LLP. Failure to Plan is Planning to Fail.
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Ky Fullerton, Umpqua Bank
Anton Litchfield, Encore Discovery Solutions
Josh Sasaki, Miller Nash LLP
Jovita Wang, Miller Nash LLP
Sponsored by Miller Nash LLP
Document Mgmt System
Databases & Apps.
Datacenter / IT
CDs, DVDs,Floppy Disks
Sanctions Granted In 68% Of Cases Where It Was Requested
Source: Gibson Dunn 2010 Mid-Year Survey July 13, 2010
"The duty to preserve typically arises from the common law duty to avoid spoliation of relevant evidence for use at trial; the inherent power of courts; and court rules governing the imposition of sanctions."
-The Sedona Conference Working Group on Elec. Document Retention & Prod. (WG1), TheSedona Conference Commentary on Legal Holds: The Trigger & The Process (2007),at 1, available at http://www.thesedonaconference.org/dltForm?did=Legal_holds.pdf.
From: Ky Fullerton
Sent: Friday, May 21, 2010 12:55 PM
Subject: PLEASE READ: Preservation of Records/(Plaintiff)
Umpqua Bank recently a notice of charge of discrimination from the U.S. Equal Employment Opportunity Commission regarding the subject employee. We will be sending a more formal memorandum to you on Monday with instructions regarding record preservation, but please review this e-mail in the interim.
Until further notice, do not destroy or delete any documents, e-mails, notes, or records of any kind relating to (Plaintiff). You must also retain all records relating to any open positions at Umpqua Bank for which (Plaintiff) submitted an employment application and was rejected, including but not limited to all applications, test forms, or any similar documents completed by other applicants for such positions.
Please do not discuss this matter with anyone inside or outside the bank, including (name). If you receive any questions relating to (Plaintiff’s) employment situation and/or claim, please refer the person making the inquiry to me or to Kathy Murray in Cultural Enhancement.
Please call me at (503) 727-4295 if you have any questions regarding this matter.
Vice President/Corporate Attorney
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We hope you enjoy the rest of the conference!