meet and confer, changing the culture right at the beginning, so people don't feel that it is so adversarial. . . . Big task, but hopefully we'll get there.
FRIEDMAN: I spoke at a conference about major business agreements [to securities lawyers]. I thought it was odd they brought in a litigator. . . . They don't know about what you see from their drafts and what ends up coming to you, really opens their eyes and makes them think about how they practise, prepare for the IPO; what they do with drafts; how they communicate internal drafts; what goes to the other side.
MACFARLANE: It gets into the privilege point if you are anticipating a lawsuit like a product recall situation. You have to think, how do you maintain litigation privilege. How am I going to prove to a court it was intended to be privileged and it is privileged, and after the fact, how do you extract all the privi- leged information after the fact?
from the roundtable, to be posted each Monday in June.
V
Sedona Canada publications are online at thesedonaconference.org/ publications_html?grp=wgs170
Ontario Bar Association e-discovery information page, which includes Quebec case law, is at cba.org/dev/ oba/en/main/ediscovery_en/default. aspx
Government of Alberta e-discovery information: im.gov.ab.ca/index. cfm?page=imtopics/ediscovery.html
E-discovery Canada page from LexUM: lexum.umontreal.ca/e-discovery/
Wortzman Nickle e-discovery blog: wortzmannickle.com/ediscovery-blog/
There's more online
CAMPBELL: I think, as courts look at things, they are going to look . . . to what extent is the problem dealt with by normal and ordinary practices that have been in place for a while as opposed to looking at crisis mode?
isit canadianlawyermag.com/ inhouse for an extended version of this article as well as videos
D'SILVA: The client is much more prepared for the second class action. The first one, they are not so prepared. They learn a lot.
SCHWEIZER: An interesting ques- tion that is going to arise, become more prominent, is the question of when the preservation obligation is triggered, and it's a very tricky issue, especially when you are a larger company. It is easy to measure it from the date the statement of claim arrives on your desk, but if you are looking at an earlier time period, that is where it gets more tricky. I hope we don't go too crazy with the obliga- tion to preserve and when it is triggered, because I think that would have negative consequences. IH
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