1. 1© Copyright 2009 EMC Corporation. All rights reserved.
Effect of E-Discovery on Business
Entities: Building an e-discovery program
Guest Speaker:
David C. Shonka, Principal Deputy General
Counsel, Federal Trade Commission*
*The views expressed herein are Mr. Shonka’s and do not necessarily represent those of the Commission or any Commissioner

2. 2
Effect of E-Discovery on Business Entities
1. J. David Morris, EMC moderator
1. David Shonka, Esq., is the Principal Deputy General Counsel of the
Federal Trade Commission and he heads the FTC’s E-Discovery
Steering Committee.
David Shonka, Esq., and EMC provide information regarding business,
compliance and litigation trends and issues for educational and planning
purposes. However, legal information is not the same as legal advice -- the
application of law to an individual or organization's specific circumstances. David
Shonka, Esq., EMC and its consultants do not provide legal advice. Clients
should consult with competent legal counsel for professional assurance that our
information, and any interpretation of it, is appropriate to each client's particular
situation.
Legal Information Is Not Legal Advice

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Assuming a Blank Slate, Begin By:
1. Identifying areas at risk for litigation
2. Find out where information relating to
those areas is located
3. Take an inventory of the information
4. Evaluate firm’s resources
5. Determine what can be done with what
is reasonably available.

4. 4
Lay Groundwork
1. Build a Response Team
2. Design a Process

5. 5
Build a Response Team
1. Records Management Program
2. Privacy Team
3. Discovery Team
A. General Counsel
B. Records People
C. IT
D. Privacy Team
E. Business People
 Stakeholders
 Interested Parties

6. 6
Design a Response
1. Determine Litigation Hold Triggers
2. Determine Follow Up Procedures
3. Other Characteristics:
a) Reasonable
b) Consistent
c) Repeatable
d) Documented

7. 7
Collection, Analysis, Review, Production
• Early and Continual Case Assessment
• Careful Project Management
Collection
Preservation
Review Presentation
Processing
Analysis
Identification
Information
Management Production
VOLUME RELEVANCE
Source: EDRM.NET
Early & Continual Case Assessment

8. 8
Mistakes Happen
Consider Them Inevitable
• Inadvertent Production of Privileged Information
• Overlooked, Lost, or Spoliated Information

9. 9
Avoiding Sanctions and Bar Disciplinary
Proceedings
1. Don’t Lie to the Judge (sanctions)
2. Don’t Lie to Your Opponent (do you
want to relay on your opponent’s
kindness?)
3. Don’t Lie to the Government
(obstruction of justice)

10. 10
Gratuitous Advice Regarding Cost
Containment
1. Build a program that fits the enterprise
2. Have a consistent and effective records management
program
3. Engage in meaningful and candid negotiations
4. Consider software capabilities
a) Effective culling
b) Effective de-duplication
c) Clustering capabilities

11. 11
Questions

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Resources
WWW.KAZEON.COM
WWW.EMC.COM/SourceOne
Future Webinars – www.kazeon.com/newsroom2/webinars/php
“eDiscovery for Dummies” the new book with Dr. Linda Volonino and Ian
Redpath, Esq. – Wed., March 3, 2010 10am PT
eDiscovery with The JUDGES – Wed., March 17th
, 2010 10:00am PT
With United States District Judge James M. Rosenbaum and Magistrate
Judge Franklin L. Noel
For questions, email David.Morris@emc.com.