Canadian Lawyer InHouse

Jun/Jul 2008

Legal news and trends for Canadian in-house counsel and c-suite executives

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BUSINESS CASE such as the proportionality of the request for electronic infor- mation in relation to the nature of the claim, costs, burden, and delay; the responsibility on counsel to confer on an ongoing basis as to the preservation, collection, review, and production of electronically stored information; and the dis- charge of responsibility in having to search for or collect deleted or residual electronically stored infor- mation. The report is complete with com- mentary, case law, and definitions, and can help even the technological neophyte understand the principles of electronic documents, what's ex- pected of counsel and clients regard- ing their retention and disclosure during the discovery process, and how e-documents are different from their paper counterparts. By all accounts it's a great springboard into the discussion around internal policy on electronically stored information. "The principles are very simple. They fit on one sheet," says "This report should be a very helpful and useful document for in-house counsel. It's not the answer to all of your questions but it is a very good road map." — MARTIN FELSKY, COMMONWEALTH LEGAL Glenn Smith, partner of the Toronto litigation firm Lenczner Slaght Royce Smith Griffin LLP and founding member of Working Group 7. "Anyone can read them, and you can learn something from it if you're technologically sophisticated or if you've never thought about electronic data before in your whole life." In May 2006, a small group of lawyers, judges, and technologists met at Mont Tremblant, Que. to embark on the "process of dialogue to grapple with the phenomenon of 'electronic discovery.'" Calling themselves the Sedona Conference Working Group 7, "Sedona Canada" formed out of the growing recogni- tion that the discovery of electroni- cally stored information could no longer be seen as a peculiarity of litigation in the U.S. Working from the perspective that e-discovery was quickly becoming a factor in all Canadian civil litigation, and not just a function of complex commercial lawsuits, the group set out to I'VE GOT 10 BUCKS BURNING A HOLE IN MY POCKET. I'M GONNA . . . SQUEEZE OUT 8.33 LITRES OF GAS - ROAD TRIP! HOW DID I GET THIS EXTRA $10, YOU ASK. BY SUBSCRIBING TO THE DIGITAL EDITION OF CANADIAN LAWYER 1 Year Print & Digital 1 Year Digital Only 2 Year Print & Digital 2 Year Digital Only $65.00 + gst $55.00 + gst $105.00 + gst $95.00 + gst Special rates for students and international subscribers. To order: call 1-888-743-3551 or go online at www.canadianlawyermag.com GET ME A JUICY RIB EYE STEAK FOR THE BBQ HEAD TO THE TRACK AND BET ON THE PONIES 26 JUNE 2008 C ANADIAN Lawyer INHOUSE SubAd_10bucks.indd 1 5/1/08 1:13:10 PM

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