More than a decade into the ediscovery era, litigation readiness continues to be a challenge for most major employers. The good news is, progress has been made, and will continue to be made, as the need to pay attention to ediscovery in practice as well as in theory evolves.
Building a culture that respects best practices in electronic records retention was the subject of a panel discussion at PREX15 Conference on Preservation Excellence.
Panelists included the following:
- Jeane Thomas, Partner, Crowell & Moring LLP, panel moderator
- Charlotte Riser Harris, Manager, Practice Support, Hess Corporation
- Dawn Radcliffe, Discovery Manager, TransCanada Pipeline
- Sonya Thornton, Manager of eDiscovery / Compliance, Sprint
- Dave Walton, Managing Director of Electronic Discovery Practice and Advisory Services (ePAS), Co-chair of eDiscovery Task Force, Cozen O’Connor
Panelists agreed that they are still addressing many of the original obstacles to company-wide compliance with records retention and legal hold policies. Custodians still don’t understand their obligations to preserve. Employees are unaware of or ignore the details of legal hold requirements. Records retention and deletion practices continue to be inconsistently adhered to. C-Suite support is spotty.