News Archives
Jonathan Redgrave was quoted in an online Federal Computer Week (fcw.com) article on December 17, 2007, entitled “Hot or not: Congress failed to make a mark: But policies for better information sharing and e-discovery were positive advances.” In discussing the readiness of companies and government agencies for the December 2006 Federal Rules of Civil Procedure amendments, Jonathan said that “The reality is that you have varying levels of compliance and awareness throughout the federal government…The biggest problem that we’ve seen with agencies is that they don’t have the right people or haven’t done their homework to prepare before litigation.”
Jonathan Redgrave was quoted in a March 5, 2008 article in Corporate Counsel published on law.com. Entitled “Qualcomm’s Hard-Learned Lesson”, the article discusses lessons learned in Qualcomm’s legal battle with Broadcom Corp. over e-discovery issues. Jonathan specifically commented that “[t]he more contentious discovery becomes, the bigger the risk to your credibility…You want to develop trust. Because when you have a trust relationship and problems happen, the judge may give you grace and not hit you with sanctions.”
Jonathan Redgrave and M. James Daley were both panelists at The Sedona Conference Institute’s “Second Annual Program on Getting Ahead of the eDiscovery Curve: Strategies to Reduce Costs & Meet Judicial Expectations” held at the Westin Horton Plaza in San Diego California on March 13-14, 2008. Jonathan was a panelist on three sessions entitled “Update, The Sedona Principles, Second Edition & the New Rules”, “Effective Preparation by a Producing Party for a Rule 26(f) Conference”, and “Vignettes from a Rule 26(f) Conference/Best Practice Recommendations.” Jim was also a panelist on three sessions entitled “New Roles & New Teams to Meet ESI Production Obligations/Expectations”, “Search & Information Retrieval Methods/Best Practices”, and “New Issues Under the New Rules.”
Jonathan Redgrave was interviewed in December 2007 for The ESI Report with host Michelle Lange, the Director of Legal Technologies and an attorney with KrollOntrack on the “impact of the 2006 FRCP amendments in practice over the last year.” Jonathan noted that due to the new rule 26(f) disclosures and conferences, “a lot of companies are really trying to get ahead of the ball…to understand where information is that might be potentially relevant in any given situation.” RDRW’s role in this process is “helping clients understand what they need to do and then walking them through the steps of doing that: whether that’s working with other vendors to help provide technical solutions or using your own internal staff and people to understand the technology to help a company use their own people to find out where the information is, and most importantly be able to explain it.” To listen to the audio interview please click here.
Jonathan Redgrave was re-appointed to the Advisory Committee on the Electronic Records Archives (ACERA). ACERA was officially commissioned by the National Archives and Records Administration (NARA) in 2002 to “serve as a deliberative body to advise the Archivist of the United States, on technical, mission, and service issues related to ERA… The ERA system [is a] comprehensive, systematic, and dynamic means for storing, preserving, and accessing virtually any kind of electronic record, free from dependence on any specific hardware or software.” To be considered for the committee you must “have particular expertise, knowledge and experience in electronic records.”
Jonathan Redgrave was quoted in an article entitled “A Framework for Evaluating New Technology in the E-Discovery World.” The article was published in the October 1, 2007 edition of Digital Discovery & E-Evidence Report published by the Bureau of National Affairs. In discussing risks in electronic discovery, Jonathan stated that “One of the greatest risks in electronic discovery is the concern the other side will allege spoliation of evidence based on the inability of the company to preserve and produce relevant evidence…one possible remedy for spoliation is the ‘adverse inference’ instruction from a judge that allows a jury to infer that the missing evidence was unfavorable.”
Jonathan Redgrave, in an article published in the October 2007 edition of Law Technology News, is mentioned as a member of the Sedona Conference’s Working Group One Series which has recently had a second edition of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production (June 2007) published. Thomas Allman, who authored the article entitled “EDD Showcase: Discovering Data” discusses highlights of the recent publication as the result of the new Federal Rules of Civil Procedures that went into effect in December 2006. For more information click here.
Jonathan Redgrave was interviewed for the blog On the Mark, an E-Discovery Blog from Mark Reichenbach posted on October 15, 2007. Based on an October 9, 2007 Press Release by ICANN stating it had added more foreign languages to its Internationalized Domain Name project, On the Mark questioned “What challenges await multinational corporations?” Jonathan responded that “The reality of a multi-cultural and multi-lingual Internet brings all of the world’s languages (including slang and idioms) directly in focus in terms of electronic discovery…The ICANN announcement serves as an apt reminder that: (a) e-discovery processes must be designed to anticipate this increasingly multi-lingual and multi-cultural base of potentially discoverable electronically stored information; and…[b] d-discovery software solutions must have sufficient capabilities and flexibility to address new data locations, types, forms and reference indicators, including the full implementation of Internationalized Domain Names.” Jonathan also noted that corporations must “be attentive to the changing Internet not only to protect what they already have but also to think about how adapting to such changes may increase their reach to more people in their native languages.” To view the blog, click here.
Lori Ann Wagner and Jonathan Redgrave’s article “Lights, camera, e-mail! Balancing e-mail archiving with litigation risk, by Movie Madness” was published in the September 2007 issue of Bulletin, a Records Management Society publication. The article was originally published in the February 2007 issue of IQ, the journal of the Records Management Association of Australasia. The article, by referencing to recent popular movies, discusses the importance of coordination of e-mail retention, legal obligations and corporate compliance for businesses especially when entangled with courts and regulators.
Charles Ragan was selected to be listed in the International Who’s Who of Commercial Arbitration 2008. He was one of only 4 lawyers in California to be so honored. The International Who’s Who is researched and published by LBR Ltd in London.
For the 3rd straight year, Lori Ann Wagner was selected as a Minnesota Super Lawyer. As a Super Lawyer, Lori was in the top 5% of lawyers in Minnesota as chosen by over 15,000 peers and also research conducted independently by Law & Politics. Lori was also chosen as a Minnesota Super Lawyer in 2005 and 2006.
For a fourth consecutive year, Chuck Ragan was selected by Law & Politics to be listed among the Northern California Super Lawyers. The selection results from a multi-state process including peer nominations and review, independent research and the designation is awarded to the top 5% of the attorneys in the area.
Chuck Ragan was selected by the Who’s Who Legal group (Law Business Research Ltd.) as one of only 12 lawyers to be listed in the Commercial Arbitration section of its new Who’s Who Legal: California 2007 publication. The Commercial Arbitration chapter seeks to identify private practice lawyers with a proven track record in sitting as arbitrator in commercial disputes.
Discussing the best preparation for e-discovery litigation, Jonathan Redgrave was quoted in an online FCW.com article published August 15 as saying “Judges want to see people who are upfront…that there was a plan and a review process, there was due diligence and actions were taken in good faith.” Jonathan was one of the presenters at a conference sponsored by the General Service Administrations Office of Technology Strategy and the CIO Council that took place in Washington, D.C. on August 14.
Jonathan Redgrave was interviewed by Federal News Radio for the radio show The Federal Drive with Mike Causey and Jane Norris on August 22. With the number of investigations on the rise, Jonathan, who is also Editor-in-Chief of “The Sedona Principles,” was asked how managing electronic documents would help you and your company deal with investigations and lawsuits in federal court. Jonathan said that “These new rules really reflect the reality of modern business both for the private sector and the government sector in terms of electronically stored information…What are we doing in terms of our actual generation and retention of information in the ordinary course [of business]? Are we doing that right, how can we improve that? That would greatly aid the backside, which is when we get to investigations and litigation because if front side isn’t done well, then there is information scattered everywhere, and it costs a lot more money to go and get things.” Click to hear the interview.
RDRW is pleased to announce that Kenneth A. Prine joined the firm as an associate on April 23, 2007. Ken is a 1998 cum laude graduate of the University of Minnesota Law School. He also received an M.A. from Trinity Theological Seminary and a Bachelor of Arts from DePauw University. Prior to joining RDRW, Ken practiced litigation at Winthrop & Weinstine and Gray Plant. Ken is located in the Minneapolis office.
Chuck Ragan, Jonathan Redgrave and Andrew Cosgrove are members of a recently-formed E-discovery Committee of the International Institute for Conflict Prevention and Resolution (CPR) based in New York. CPR has long been a leader in the field of alternative dispute resolution. The Committee has organized two e-discovery subcommittees: one will help train CPR’s distinguished stable of mediators and arbitrators on e-discovery principles and concepts (Training Subcommittee), and the other will identify a panel of neutrals who have the training and experience to facilitate and resolve e-discovery disputes that may arise in litigation or arbitration (Neutrals Subcommittee). Chuck Ragan has agreed to serve as chair of the Neutrals Subcommittee. For more information on CPR, please click here.
Jonathan Redgrave was quoted in an American Lawyer article, February 2007 edition titled "A New Discovery." The article discussed how lawyers are now faced with the task to taken into account the December 2006 amendments to the Federal Rules of Civil Procedure early on in litigation. Jonathan was quoted as saying, "These rules are about getting those issues out early, to keep lawsuits about the substance of the lawsuit, and not have satellite issues take over."
Chuck Ragan and Lori Wagner’s article "Competence and Credibility in e-Discovery" appears in the April 2007 issue of Trial, the Journal of the American Association for Justice. The article emphasizes that the recently amended federal rules have set a new standard for lawyers and their clients regarding electronically stored information and that judges are expecting lawyers to measure up. The article quotes Benjamin Franklin, saying "Glass, china and reputations are easily cracked and never well mended." The authors make the point that "Lawyers who try to make opposing counsel’s life difficult during discovery, or fail to do their homework, may find that no amount of glue can fix their shattered reputations." Chuck and Lori wish to acknowledge the assistance of Lisa Lukaszewski in trimming their words to popular journal length.
Lori Wagner was quoted in the Minnesota Lawyers March 19 edition, in an article titled "Audio discovery: the next frontier." The article suggests that audio files may be the latest potential e-discovery challenge. Lori was quoted as saying "The new Federal Rules caused lawyers to focus more on electronically stored information, and now that people are starting to get their heads around e-mail and other electronic documents, audio files are the next frontier." This article was reprinted from the USA Lawyers, March 12 edition. Full text of this article can be found by clicking here.
Redgrave Daley Ragan & Wagner LLP was featured in the February/March 2007 issue of Minnesota Law & Politics in the column “New Firms on the Block.” The article discussed the formation of the firm growing out of connections with The Sedona Conference and why the four founding partners believed a boutique law firm focused on the management of electronic information and electronic discovery made sense. It notes that although each of the partners came from thriving practices at big name law firms, RDRW’s client base is “home grown” and includes a list of internationally respected clients. Jonathan Redgrave is quoted as saying “We’re thought leaders and problems solvers for records management. And a boutique law firm allows us to do things with more flexibility and speed.”
Lori Wagner and Jonathan Redgrave co-authored an article entitled "Lights, Camera, Email!: Balancing Email Archiving with Litigation Risk by Movie Madness," which was published by the Records Management Association of Australasia in its publication InfoRMAA Quarterly, February 2007 edition. The article was based in part on an earlier article by the authors published in the E-Media Advisor June 2006 issue. Click here to see the full text.
Jim Daley recently wrote an article titled “Preservation Of Electronic Records Of Third-Party Contractors” for the ABI ABA’s January 2007 Issue of The Practical Litigator. The article discusses the “litigation hold,” the ABA’s approach to the question, determining who really controls the records, and the importance of determining the extent of the company’s control over the contractor. Click here to review the article.
Laura Gilbert was featured in the Winter 2007 edition of "With Equal Right", Minnesota Women Lawyers Journal, Volume XXX, Issue III. This month’s issue featured "Taking the Road Less Traveled: Women Practicing in Non-Traditional Areas of Law." While discussing the issues of data privacy law and electronically stored information, Laura is quoted as saying "while technology is often thought of as a non-traditional field for women, women are strongly represented as privacy attorneys, privacy directors, chief privacy officers and corporate records directors." Laura continues by mentioning "though computer forensics experts, network security directors and records management software firms tend to be heavily populated with men, legal positions in digital records management and privacy are well represented by women." Laura stresses the importance that "newcomers to this area of law must recognize and appreciate the talents and skills they can bring to this emerging area of law." Please click here for the full text of the article (courtesy of Minnesota Women Lawyers Journal).
Jonathan Redgrave, Karen Hourigan, and Kate Chaffee co-authored a chapter in the treatise Understanding the New E-Discovery Rules titled, "Early Discussion Regarding Electronically Stored Information: Rule 16 and Rule 26." The chapter analyzes the amendments to the Federal Rules of Civil Procedure, effective December 1, 2006, requiring counsel to meet and confer early on some of the thorniest issues attendant to the discovery of electronically stored information including preservation, form of production, and privilege. The chapter provides practical guidance for navigating the discovery landscape changed by the Rules amendments. The treatise was released in December 2006 and is available from DRI.
Laura Gilbert recently passed the Government Privacy portion of the Certified Information Privacy Professional (CIPP) exam, an extension of the CIPP credential she had previously obtained. CIPP/G is the highest credential currently offered by the International Association of Privacy Professionals (IAPP), which is the largest organization representing the privacy profession. Obtaining the CIPP/G certification means an individual has successfully completed study of all of the essential laws, systems and practices in information privacy across both the public and private sectors in the U.S., and has achieved understanding of select international data protection laws and practices. The exam was developed with the assistance of leading figures in government privacy from the U.S. Postal Service, the U.S. Department of Veterans Affairs, the U.S. Office of Management and Budget, the California Office of Privacy Protection, IBM, SRA International and MITRE Corporation. RDRW congratulates Laura on this accomplishment.
Kate Chaffee: RDRW is pleased to announce that M. Kate Chaffee became a permanent part-time associate as of November 7, 2006. Previously Kate worked with RDRW on a contract basis. Kate is a magna cum laudegraduate of the University of Toledo College of Law and has practiced since 1990 in a variety of settings in both the private and public sectors. She has been involved in all phases of complex litigation including managing several large-scale discovery projects. Kate’s work also includes client business process analysis, litigation risk assessment and proactive risk-minimization counseling. Prior to joining RDRW, Kate was an attorney with Oppenheimer, Wolff and Donnelly, manager of document analysis for Faegre & Benson, and worked for the state of Minnesota as an administrative law judge and counsel to various legislative committees. Kate will practice in the firm’s Minneapolis office and can be reached at kchaffee@rdrw.com.
Lisa Lukaszewski: RDRW is pleased to announce that Lisa Lukaszewski joins the firm as an associate on November 7, 2006. Lisa is a cum laude graduate of the University of Notre Dame Law School and was formerly an associate at Shook, Hardy & Bacon. Lisa has counseled Fortune 100 clients for over 9 years regarding all phases of complex litigation. Lisa’s experience includes assisting clients with the development and implementation of document retention policies, managing large-scale document collections and analyzing client business practices to identify, assess, and offer solutions for potential litigation risks and business issues. Lisa will practice in the firm’s Kansas City’s office and can be reached at llukaszewski@rdrw.com.
Andrew Cosgrove: RDRW is pleased to announce that Andrew Cosgrove joins the firm as an associate on November 7, 2006. Andrew is a cum laude graduate of the University of Minnesota Law School and was formerly an associate at Dorsey and Whitney. He has represented clients in complex litigation matters in a variety of substantive areas and has extensive experience in discovery issues and motion practice. Andrew will practice in the firm’s Minneapolis office and can be reached at acosgrove@rdrw.com.
In 2005, Jonathan Redgrave co-authored a new chapter for the Second Edition of Business and Commercial Litigation titled, "Discovery of Electronic Information" along with the Honorable Shira A. Scheindlin. This chapter has now been updated to take into account the upcoming changes to the Federal Rules of Civil Procedure, scheduled to take effect in December 2006, regarding Electronically Stored Information. The new edition was released in November 2006 and is available from Thomson/West. The treatise, including the "Discovery of Electronic Information" chapter, continues to get high marks from various reviews across the country.
Lori Wagner has been appointed to the Law.com Legal Technology Editorial Advisory Board. The board will advise the site’s editorial staff and generally inform the legal technology community through articles and commentary on law.com and its sister publications.
Lori Wagner was quoted in a September 29, 2006 article on Byte and Switch: Storage Networking and Beyond entitled "Demystifying Data Forensics." The article highlighted the need for companies to prepare for the new Federal Rules relating to electronically stored information taking effect on December 1, and the integral role that storage managers have in assuring that companies will be able to comply with the new rules. The full text of the article can be found here.
Lori Wagner was quoted extensively in an article in KPMG’s September 2006 Audit Committee Insights entitled "Audit Committees Might Want to Check with Company Lawyers About "E-Discovery Readiness." The article focused on e-discovery as a significant issue for audit committees responsible for oversight of a company’s compliance activities and the fact that the Federal Rule changes may test the effectiveness of companies’ e-discovery processes and records management policies. Among the items Lori discussed was the importance of good litigation response planning: "The process for preserving, collecting, processing and producing both electronic and paper files should be reliable, repeatable and defensible in order to reduce costs and prevent risk," says Wagner of Redgrave Daley Ragan & Wagner. Case law tells us that the responsibility for information and records management and systems that ensure the relevant materials are preserved and produced falls on the shoulders of senior management and the company’s lawyers, she says." The full text of the article can be found here (reprinted and posted with permission). Information about KPMG’s Audit Committee Insights, including subscriber information, can be found at: www.kpmginsights.com.
RDRW is pleased to announce that Paul Robertson, formerly of Bingham McCutcheon, joined the firm as a partner on August 1, 2006. In commenting on the move, Paul said "I'm excited about this move and the synergy of talents this partnership can provide to clients. Businesses are at a critical juncture in dealing with the rigors of law and complexities of technology and a firm like RDRW that is devoted to these issues can help its clients develop innovative approaches and practical solutions." Paul can be reached at probertson@rdrw.com. For more details, click to access the full press release.
Chuck Ragan was selected as a 2006 Northern California Super Lawyer. Five percent of Northern California attorneys receive this honor each year. Northern California Super Lawyers appeared in a special section of the August 2006 issue of San Francisco magazine and in Northern California Super Lawyers magazine.
Chuck Ragan was again included in "Who's Who Legal, the International Who's Who of Business Lawyers," for his work in the field of arbitration. Chuck was one of only five Californians to be so honored in 2006.
Lori Wagner was selected as a 2006 Minnesota Super Lawyer. Five percent of Minnesota attorneys receive this honor each year. Minnesota Super Lawyers appeared in the August 2006 issues of Minnesota Law & Politics, Mpls.St.Paul Magazine and Twin Cities Business.
Chuck Ragan was admitted to the bar of the State of Minnesota. He was already a member of the bars in the states of California and New York.
Redgrave Daley Ragan & Wagner LLP was featured in the June 23, 2006 issue of the Minneapolis St. Paul Business Journal's "Ventures" section which profiles "startups headed by notable entrepreneurs". The article focused on the formation of the firm and its roots in the Sedona Working Group. Lori Wagner was quoted as saying "This allowed us to be on the cutting edge…[E-discovery] is a very complex area, and requires companies to form internal teams across departmental lines that have not traditionally worked together – legal and IT." Hildy Bowbeer, chief intellectual property counsel from 3M Co., was quoted as saying "We chose them because they have a tremendous amount of experience and are involved in all aspects of this issue."
Lori Wagner and Jonathan Redgrave co-authored an article entitled "Walk the Line: Balance Compliance with Litigation Risk," which was published in the E-Media Advisor June 2006 issue. The article examined the use of automated archiving as a solution for electronic mail, the criteria involved in evaluating and selecting archiving tools and strategies for marrying technology to policy. (Extra credit points are awarded to those who catch every movie reference in the article.) Click here to view the article in full text (*access requires paid membership).
The Second Edition of Business and Commercial Litigation received glowing reviews in both the April 12, 2006 issue of The Daily Record from Rochester, New York and the April, 2006 publication of The Brooklyn Barrister. Jonathan Redgrave co-authored a new chapter for this edition titled, "Discovery of Electronic Information" along with the Honorable Shira A. Scheindlin. Both reviews identified this chapter as one of the most relevant and valuable for federal practitioners. Jonathan has been working with Judge Scheindlin to further update this text in light of the proposed changes to the Federal Rules of Civil Procedure scheduled to take effect in December 2006.
An article titled "Arthur Andersen's Victory Too Little, Too Late – What Lessons Others Can Take From Arthur Andersen LLP v. United States" was included in the Spring 2006 issue of the ABA Tort & Insurance Practice Section's International Law Committee Newsletter. Coauthored by Charles Ragan, the article explored the ramifications of the U.S. Supreme Court's decision to overturn Arthur Andersen's criminal conviction for destroying documents just prior to Enron's downfall. Click here to read the full text of the article (*access requires paid membership).
On March 27, 2006, the Minneapolis/St. Paul Business Journal published an article titled "Xiotech CEO sees growth in legal data." The article profiles Xiotech Corp., an Eden Prairie, MN based company, in its attempt to create software that will allow companies to archive and retrieve data in the event of legal action. Lori Wagner was quoted on the need for companies to take proactive steps in preparing for data production. "We've seen a huge amount of demand in this area." she said. "Technology has clearly outstripped the ability of companies to deal with this."
On March 9, 2006, Inside Counsel published an article titled "Message Mayhem: Unified messaging presents one more worry in the e-discovery quagmire" outlining how voicemail now needs to be considered along with email and other electronic media in corporate storage and retention policies. Lori Wagner was quoted in the article regarding the discoverability of voicemail. Click here to access the full text of the article.
Jim Daley was quoted in an article published on March 3, 2006 in the Kansas City Business Journal that discussed the records retention and e-discovery challenges posed by new portable data storage devices, such as USB flash drives, and the impact of the proposed federal e-discovery rule amendments on corporate records retention compliance and e-discovery in relation to such devices. Click here to access the full text of the article.
The Practising Law Institute (PLI) recently featured Lori Wagner in their All-Star Briefing newsletter. In an on-line interview titled "Lori Ann Wagner: electric shock – most companies don't have electronic records discovery programs," Lori discusses the impact electronic documents have had on the discovery process and the resulting requirements it should place on legal counsel. Lori states "…it is clear that effectively responding to discovery requests in the digital age requires knowing your client, their business processes and their systems." Click here for a full transcript of the interview.
Chuck Ragan was quoted extensively in an article published on February 28, 2006 in the Daily Journal. The article, titled "The Brave New World of Electronic Records," identifies Redgrave, Daley, Ragan and Wagner LLP as a primary player in meeting the need for clients to address electronic records retention and storage prior to actually being sued. "The issues of electronic records and information records management are some of the most difficult issues facing organizations today." said Ragan. Click here to access the full text of the article.
The February 10, 2006 issue of the Kansas City Business Journal featured Jim Daley and the formation of Redgrave Daley Ragan & Wagner LLP in an article titled "Lawyer forms firm to advise on handling data." The article discusses the legal risks created for corporations as a result of the proliferation of electronic data and the need for businesses to act now to develop reasonable and defensible records retention policies, procedures and processes.
In February 2006, Jonathan Redgrave, Jim Daley and Lori Ann Wagner were appointed to a second term on the Advisory Board of the Georgetown University Law Center Advanced
E-Discovery Institute. The Board assists in the development of the Institute's annual seminar, and related tasks.
On January 29, 2006, Jonathan Redgrave was quoted in an article by The Associated Press which was picked up in numerous publications around the country entitled "E-files take on critical roles in lawsuits, Data discovery shifts from paper to computers." The article focused on the growing importance of electronic data in modern day litigation and discussed several recent cases, including Zubulake and Morgan Stanley. Jonathan was quoted as saying: "In litigation today, if e-discovery is done wrong, it can have huge implications."
Lori Wagner was named by the Dean to act as co-chair of her law school's 20th reunion committee. Lori attended the University of Wisconsin Law School, graduating in 1986.
On January 17, 2006, Redgrave Daley Ragan & Wagner LLP welcomed Julie Hoff as its Executive Director. Prior to joining RDRW, Julie was the Director of Client Technology Services at Faegre & Benson LLP. Julie joins RDRW with more than 25 years of litigation related experience as a paralegal and litigation support professional, and has been involved in working with clients on litigation technology consulting and management for more than 20 years. In addition to her management responsibilities, Julie will continue to put her many talents to work on client matters.
RDRW also welcomed another important member to its client services team in January. Thomas Seymour joined the firm as an Information Technology Analyst on January 9, 2006. Prior to joining RDRW, Tom was employed with Shook Hardy & Bacon LLP as a database analyst. Tom combines his background in litigation services with a Master of Management Information Systems from Friends University.
Jonathan Redgrave and Chuck Ragan, along with R. Christopher Cook at Jones Day, authored the article "Looking Beyond Arthur Andersen: The Impact on Corporate Records and Information Management Policies and Practices" (originally published in The Federal Lawyer) which is being republished in The Corporate Counsel Review in the Spring of 2006 (Volume XXIV, Issue 2). The Corporate Counsel Review is the journal of the Corporate Counsel section of the State Bar of Texas. The review is published semi-annually at South Texas College of Law.
Jonathan Redgrave and Lori Wagner contributed to the article "2006—Trends and Prognostications" appearing in the January 2006 issue of Digital Discovery & e-Evidence published by Pike & Fischer (*access requires paid subscription). Lori was quoted as saying "The single most important issue [in 2006] will likely be the need to prepare for the new electronic discovery practices that will come into play assuming the proposed amendments to the Federal Rules of Civil Procedure go into effect on December 1, 2006 as expected. The rules will require greater transparency in the discovery process such that lawyers will need to understand their client's information technology and records management systems in much greater detail than they have been required to under past practice." Jonathan pointed out that legal education will take on renewed importance in 2006 as a result of the need to "develop best practices for litigation response and electronic discovery procedures within corporations and law firms, and increased emphasis on outside lawyers needing to develop or retain expertise in these areas."
Jonathan Redgrave was the author of The Federal Lawyer's "Sidebar" column for January 2006. In this piece, Jonathan explores the differences between "dialogue" and "debate," how those differences have impacted the work of The Sedona Conference, and how they can impact the every day practice of law.
On December 2, 2005, Lori Wagner was interviewed by The Wired GC in an audio program called "The Wired GC Unplugged." The program was entitled "An Independent Look at Corporate Information and Litigation." Lori discussed the formation of RDRW, the firm’s services offerings, the involvement of the firm’s partners as leaders within The Sedona Conference Working Group addressing electronic document retention and production, and the need for independent advice regarding electronic information and records management and electronic discovery. Click here to access an audio file of the interview.
In December 2005, Jonathan Redgrave was quoted in the Inside Counsel article, "GC’s Find New Ways To Cut E Discovery Costs," which discussed efforts taken by Altria/Philip Morris, Cisco Systems, and Verizon Communications to address e-discovery processes and costs.
In November 2005, Jim Daley was quoted in the Inside Counsel article "Sedona Conference Develops E-Discovery Standards: Consultants Search for Ways to Evaluate Vendor Products," which discusses the efforts of The Sedona Conference Search and Retrieval Sciences Group to examine the use of technology to manage the proliferation of electronic information.
RDRW and The Sedona Principles were featured in the November 2005 issue of Digital Discovery & e-Evidence published by Pike & Fischer (*access requires paid subscription). In this article, Pike & Fischer describes the formation of the firm and the role of its partners as recognized leaders in the area of electronic discovery, information and records management.
On November 30, 2005, Jonathan Redgrave attended the first meeting of the National Archives and Records Administration’s (NARA) Advisory Committee on the Electronic Records Archives (ACERA) in Washington, D.C. ACERA advises and makes recommendations to the Archivist of the United States, Allen Weinstein, on issues related to the development, implementation and use of the ERA system. The committee is chaired by Dr. Robert Kahn, Chairman, CEO and President of the Corporation for National Research Initiatives (CNRI) and recent recipient of the Presidential Medal of Freedom for designing the software code that is used to transmit data over the Internet. The members of the committee, appointed by the Archivist of the United States, are recognized experts and leaders in their field. Jonathan is the only practicing attorney serving as a committee member. Click here to access more information about ACERA.
On November 1, 2005, Lori Wagner participated in a law.com audio panel conversation entitled "Experts’ EDD Trend Watch and Product Picks." David Snow, legal technology editor for law.com/tech, assembled a panel of experts on litigation technology and electronic discovery, which besides Lori included: Jerone English, Pillsbury Winthop Shaw Pittman; Ron Friedmann, Prism Legal Consulting, Inc.; Jonathon Hughes, Partner, Howard Rice Nemerovski Canady Falk & Rabkin; and Jim McKenna, Morrison Foerster. Highlights of the discussion included: challenges of comparing vendor costs; proposed Federal Rule changes and Sedona Principles and implications; the value of early EDD planning; the degree to which law firms should rely on vendors versus doing EDD work in-house; how firms are staffing to manage e discovery; selecting vendors and products; and the role of concept searching in document review.
In November 2005, Jim Daley was quoted in Alan Redding's article "The Forecast for EDD" featured on law.com.
In November 2005, Jonathan Redgrave was quoted in David H. Schultz’s "Defining Metadata" article in e-Discovery Law & Strategy.
On October 19, 2005, The Recorder, reported the creation of Redgrave, Daley, Ragan and Wagner LLP in an article titled "New firm targets niche created by e-discovery angst." Click here to read the full text of the article.
In October 2005, the 2005 Cohasset ARMA AIIM Electronic Records Management Survey - A Renewed Call To Action White Paper was released. The white paper, authored by Robert F. Williams and Lori J. Ashley and sponsored in part by RDRW, discusses the impact of new regulations, particularly Sarbanes-Oxley and HIPPA, and significant court decisions, e.g., Zubulake v. UBS Warburg and Perelman v. Morgan Stanley, have on electronic records management.
Jim Daley was quoted in the October 2005 edition of Corporate Counsel in an article entitled "People First," which examines the ongoing need for human input into the e-discovery process.
In September 2005, Jonathan Redgrave and Chuck Ragan, along with R. Christopher Cook at Jones Day, had their article “Looking Beyond Arthur Andersen: The Impact on Corporate Records and Information Management Policies and Practices” published in The Federal Lawyer.
In September 2005, Lori Wagner was honored for her personal and professional accomplishments by her induction into the Waukesha (Wisconsin) South High School Wall of Fame. The award honors “individuals who have made a difference, people who have succeeded and people who have given unselfishly to make the world a better place.” Lori was inducted in a ceremony on September 23, 2005. To view details regarding the award, click here.
In September 2005, Pike and Fischer and The Sedona Conference published the 2005 Annotated Version of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production. Chuck Ragan is one of the Managing Editors of the Annotated Version. Jonathan Redgrave is the Editor-in-Chief, and Lori Wagner and Jim Daley were contributing authors to the original publication. The Sedona Conference is an independent 501(c)(3) non-profit think tank dedicated to improving law and policy in the areas of intellectual property, antitrust and complex litigation. For more information about The Sedona Conference, click here.
In September 2005, The Sedona Conference published the post-public comment version of The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age. Chuck Ragan, Jonathan Redgrave and Lori Wagner served as Co-Editors-in-Chief and Jim Daley was an editor of the publication. The Sedona Conference is an independent 501(c)(3) non-profit think tank dedicated to improving law and policy in the areas of intellectual property, antitrust and complex litigation. For more information about The Sedona Conference, click here.
In September 2005, Jonathan Redgrave was appointed by the Archivist of the United States Allen Weinstein to the Advisory Committee on the Electronic Records Archives (ACERA). Jonathan is one of 20 members of ACERA - all recognized leaders and experts in their fields - charged with advising and making recommendations to the Archivist and the National Archives and Records Administration (NARA) on issues related to the development, implementation and use of the Electronic Records Archives (ERA) system. Specifically, ACERA is charged with providing “an ongoing structure for bringing together experts in computer science and information technology, archival science and records management, information science, the law, history, genealogy, and education.” For more information about NARA, the ERA and the Advisory Committee click here.
In August 2005, Jim Daley published an article entitled "Defenders of the
Faith—In Corporate Records Compliance" in Inside Litigation,
published by Arete Publications.
In August 2005, Lori Ann Wagner and Jonathan Redgrave had their article “Create a Litigation Response Plan (Before You Need One!)” published in the E-Discovery Advisor Magazine (and related trade publications).
