ESI Executive Briefing
from FMDC
A focused Examination of the Impact of ESI for Executive Management
Federal Rules of Civil Procedure and Electronically Stored Information
With the recent changes to the FRCP effective December 1, 2006 and the ever-changing expectations by the CCJ there is typically considerable discussion and sometime unwelcome confusion at executive levels in companies regarding ESI and what the responsibilities of the company actually are. While the changes to the FRCP created the term “Electronically Stored Information,” it did not define it. ESI rules are relevant in both Federal and state litigation as well as commonwealth, territory and local jurisdictions which have also been writing and editing rules to address the problems related to the use of ESI as evidence. These changes impact not only Electronically Stored Information but also directly impact your company and your people.
FMDC offers a two-hour ESI Executive Briefing designed to build management understanding and create a consensus on the appropriate actions your company should take to better prepare and protect itself. The course is presented at a high level and will address:
- What are the rules and what has changed because of them?
- How do the new rules relate to regulations I already must follow?
- What are the risks associated with the new rules?
- What are the costs and returns of the ROI of addressing these issues?
Course Objectives
The ESI Executive Briefing will create a shared understanding of the issues surrounding your company’s electronically stored information and how best to protect your company at a minimum cost.
Attendees will:
- Become familiar with the rules and differences among jurisdictions.
- Understand the business practices and implications of these changes.
- Examine the risks associated with certain practices.
- Identify actions to take and understand the cost and ROI characteristics of those actions.
The Workshop Segments
- What is ESI? What are its sources? What are the expectations of the courts?
- How does that relate to your current business practices? (A discussion)
- What are the risks?
- What are your next steps and what are the costs?
- What is the ROI of these steps?
Who Should Attend
Executive management from your Corporate, Legal, IT and HR departments, and any other key executives that deal with the public or influence the way company records are handled. Clearly, all legal actions are coordinated through the legal department. For all matters involving employees, HR is the primary focus. According to recent Gartner surveys, 90% of all business records today are created electronically and just two thirds ever make it to paper. As a result, the majority of the information that is relevant to any legal matter is in the control and management of IT. It follows that companies whose Corporate, Legal, IT and HR departments are united in their understanding, vision and practices with regard to ESI are better positioned to effectively manage critical information. Key attendees are:
- Executive management, particularly those that are sponsors of ESI management initiatives
- Legal management and legal staff involved in litigation
- HR management
- IT management.
Benefits to Your Company
Failure to prepare in advance of litigation exposes companies to excessive risk and costs when participating in litigation. Companies can take proactive steps in advance that will reduce the cost of litigation as well as the risks.
The ability to respond in a timely manner is an important part of the intent of today’s ESI rules. Companies that are unable to respond in a timely manner are at a higher risk of sanctions. Litigants are expected to be prepared well in advance of any court appearance and be able to quickly resolve all issues relating to ESI as evidence. Companies that are knowledgeable of the ESI rules and requirements and their implications and are prepared to support litigation will have significant advantages and savings.