U.S. and International Perspectives on Information Retention, Litigation Holds, and Spoliation Sanctions

Tuesday, December 13, 2011

Dorothy R. Auth, Ph.D., Partner
Debra Brown Steinberg, Partner
Beth Taylor, General Counsel
Cadwalader, Wickersham & Taft LLP

U.S. and International Perspectives
on Information Retention, Litigation Holds, and Spoliation Sanctions

1.5 CREDITS for NY and NJ


Cadwalader, Wickersham & Taft LLP
One World Financial Center
38th Floor, Empire Room
New York, NY


Food and Drink to be Provided

Many foreign countries have strict privacy rights with little or no discovery possibilities in litigation, whereas the U.S. has a more open position, favoring disclosure. Discovery disputes in recent litigation largely relate to eDiscovery. The IIPS is very pleased that Dorothy Auth, PhD., Debra Brown Steinberg and Beth Taylor will present “U.S. and International Perspectives on Information Retention, Litigation Holds, and Spoliation Sanctions” at our meeting on Tuesday, Dec. 13th, 2011, from 6:00 to 7:30 PM at Cadwalader, Wickersham & Taft LLP at One World Financial Center in New York. This seminar will provide 1.5 transition/non-transitional CLE credits for NY and/or NJ. The panel will contrast eDiscovery bounds of several foreign jurisdictions versus the current U.S. perspective. In particular, the Federal Circuit in Rambus and Hynix, and several regional counterparts, recently emphasized the importance of information retention programs, implementation of litigation holds, and the dire ramifications occasioned by failure to properly preserve information when litigation becomes reasonably foreseeable. The U.S. perspective will focus on current discovery obligations in: (1) managing the preservation obligation; (2) recognizing events that trigger suspension of normal document retention policies and best practices for implementing litigation holds; and (3) avoiding the imposition of sanctions for negligent, grossly negligent, or bad faith destruction.

The panelists bring extensive experience to their discussion. Dorothy coordinates complex patent litigation, and regularly handles patent and IP matters arising in bankruptcy, M&A, and licensing in the United States and abroad. She also coordinates global patent procurement and enforcement, including patent infringement trials and hearings, and nullity, cancellation and opposition proceedings.

Debra has represented plaintiffs and defendants in complex, high-profile litigations involving federal securities laws, patent and trade secret rights, and commercial/business disputes for over 30 years, for example, she argued the In re Seagate case to the en banc Federal Circuit, which changed the standard for willful infringement.

Beth is General Counsel of Cadwalader. Her early experience includes libel and defamation, insurance insolvency, bankruptcy and other commercial litigation. She joined ABN AMRO in 2004, was named as Acting General Counsel in 2009, and after their merger with Royal Bank of Scotland, became head of Litigation for RBS Americas.

Please RSVP by December 7th and submit your meeting payment by credit card through our website (or by check made payable to “IIPS” and sent to Harris Wolin at Myers Wolin, LLC, 100 Headquarters Plaza, Morristown, NJ 07960). Annual membership is $60 (cumulative for the year beginning Sept. 2011) and entitles you to attend a full season of IIPS regular meetings at no additional charge. The non-member individual meeting fee is $20 except for law school students the fee is $10.

We look forward to seeing you in December, and we welcome your comments and suggestions for future programs that might be of interest to you.


Katherine S. Brown
IIPS Secretary

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