22 Fios Faculty Mary Mack is Corporate Technology Counsel at Fios Inc. She has more than 10 years experience handling electronic material for legal purposes and 20 years experience delivering enterprise-wide software projects with IT departments in publicly-held companies. A member of the Illinois Bar, ACC and the ABA's Section on Litigation, Mack received her J.D. from Northwestern University School of Law (1982) and a B.A. from LeMoyne College in Syracuse, NY. Mack is the author of the book entitled, A Process of Illumination: The Practical Guide to Electronic Discovery, the author of the Sound Evidence blog hosted on DiscoveryResources.org, and is co-authoring a new book on e-Discovery for Corporate Counsel, being published by West this fall. Mary Mack Corporate Technology Counsel, Fios, Inc. http://www.linkedin.com/in/marymack
3 Economic landscape for legal Just in time financing with just in time inventory plus oil Practice area challenges and opportunities De-construction of the legal community De-equitization of partners De-professionalization of paralegals Cases impacting paralegals (priv, holds, reasonable inquiry) Opportunity in chaos Topics
4 Issue: Outside counsel could not defend themselves without waiver of attorney client privilege Key Rulings: an adversarial relationship was created between client and counsel and privilege was abrogated Significance: More chilling of communication between inside and outside counsel (paralegal at center) Qualcomm v. Broadcom, 2008 WL 638108 (S.D.Cal., March 05, 2008) Case #1: Qualcomm v. Broadcom
5 Issue: Need to prove good faith regarding legal hold gone bad Key Rulings: Work Product Privilege lost when witness interviews were offered up Significance: Distinction between core and facts; need for court consumable documentation In re Intel Corp. Microprocessor Antitrust Litig., 2008 WL 2310288 (D. Del. June 4, 2008) Case #2: Intel vs. AMD vs.
6 Issue: Level of due diligence for privilege review to claim inadvertent production Key Rulings: Search strategy needs a validation step; not enough to review file names of non indexed material Significance: New, persuasive ruling on how to conduct searches in a defensible way. Examples on searches that do not pass muster. Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008) Case #3: Victor Stanley
7 Issue: e-Discovery is at the center of the arrest of two former Bearn Stearns managers; not yet decided; Subprime Key Investigation: U.S. prosecutors focused on an e- mail allegedly sent to Ralph Cioffi, a senior portfolio manager of the two funds, by Matthew Tannin, his COO Significance: Perp walk; e-mails off corporate system; suggests forensic analysis of home computer; data compliance/retention systems in question Case #4: Bear Stearns
8 Don’t assume intermingle facts with core impressions or strategy Be prepared to demonstrate “good faith” and “reasonableness”, “relevance” and “good cause” Document, document, document Each court will vary in standards and interpretations Leverage expertise of outside counsel and e-discovery consultants Step into the supply and demand (Monica’s workshop) Lessons Learned
9 Fios Webcasts WebcastDateSpeaker Sedona Update: Understanding Defensible Search & Retrieval Methods 07/17/08 Jason R. Barron, Esq. James Daley, Esq. Mary Mack, Esq. (moderator) Career Opportunities in e-Discovery 07/22/08 Mary Mack, Esq. Instant Messaging, Preservation and e- Discovery Collection Obligations 07/29/08 Ronni Solomon, Esq., Counsel | King & Spalding
E-Discovery Resources: Fios Webcasts & Articles www.fiosinc.com/resources www.fiosinc.com/resources Look for Qualcomm, Lorraine, state rules webcasts (Allman), FRE 502 (Hedges) Case Law Updates (with Dennis Kiker) Fios-Sponsored Resources DiscoveryResources.org - www.discoveryresources.org Sound Evidence Blog - Soundevidence.discoveryresources.org Thank You
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