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Editor Bio
Gregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.
What Would The Most Famous E-Discovery Judge Do To Ensure ESI Was Properly Maintained?
Posted by Gregg Mayer on Monday, February 4th, 2008
Judge Shira A. Scheindlin, who gained fame for her multiple opinions on e-Discovery in the precedent-setting Zubulake case, told interviewers the top 10 things she would do if she were suddenly off the bench and general counsel for a Fortune 500 company:
- I would be sure there is a well-thought-out records retention policy in place for business purposes that takes into account any statutory or regulatory obligations.
- I would make sure that someone is really in charge of records retention and that she knows what she is doing. This person should probably not be the head of the IT department, but someone whose primary obligation is deciding what should be retained and how.
- I would set up a records retention committee that meets regularly. The committee should include the general counsel — that’s me! — a senior executive, the head of the IT department and the records retention manager. Minutes of these regular meetings should be kept and circulated among all the participants.
- I would disseminate the records retention policy to all company employees, and then I would find a way to test them on whether they have understood and implemented the policy.
- I would set up a response team every time there is a litigation-need to preserve documents.
See the rest of her tips in this transcribed interview.
Posted in: Electronically Stored Information | Federal Rules of Civil Procedure | Regulatory Compliance
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