Self-study: Electronically Stored Information in the Bankruptcy Context

Bankruptcy professionals who understand ESI—its preservation, identification, collection and review—are equipped to provide accurate, cost effective and expeditious prepetition advice and better positioned to assist counsel with e-discovery obligations. This is an important and timely presentation by Susan M. Usatine, Esq., that addresses, among others, the Interim Report and draft guidelines on e-discovery issues in bankruptcy issued by ABA's Working Group on ESI; identification and preservation of ESI; the "rules of engagement" for ESI and the notion that e-discovery is a litigators' problem; and key takeaways to help bankruptcy professionals become e-savvy in dealing proactively with ESI.

Presenter: Susan M. Uasatine, Esq.

Susan Usatine is a Member of Cole, Schotz, Meisel, Forman & Leonard, P.A., Litigation Department and is the founder and co-chair of the firm’s Information Governance Practice Group and Discovery Services Practice Group. Ms. Usatine is regarded as a litigator who understands how the Information Age has indelibly altered the way businesses make strategic decisions including the handling of high-stakes disputes.

LEARNING OBJECTIVES
After completing this program, participants will be able to:

1. Define and give examples of electronically stored information and devices on which it may be located.
2. Identify two main facts about the rate of increase or explosion of ESI in the last few years.
3. List six reasons ESI is significant to bankruptcy and restructuring advisors.
4. Explain the “duty to preserve” ESI as well as when and how long it applies.
5. List four practical steps to satisfy the preservation obligation.
6. Discuss the following terms or concepts pertaining to the role of the financial advisor with respect to ESI: inventory of ESI in custody or control; e-Discovery; cooperation; proportionality.