Although the general obligation to preserve documents and potential penalties for spoliation are clear, the scope of the required preservation is often unclear. As a result, a company that must decide how broadly to preserve often ends up going beyond its obligations, which can result in great expense and inconvenience. In this program of particular interest to in-house and corporate counsel, Carmen McLean, a partner at Jones Day, explores ways to minimize both over-preservation and exposure to spoliation allegations.
The presenter, Carmen G. McLean, Esq. is a partner at Jones Day, resident in its Washington, D.C. office. She has significant experience in antitrust investigations and litigation, and counsels clients on electronic discovery issues, using her e-discovery knowledge and experience to advise clients subject to preservation or production obligations to design their response in a way that is defensible, but also minimizes associated costs. Ms. McLean, who has composed electronic discovery procedural manuals and other resources to assist major corporations on issues related to e-discovery, also designs and conducts training programs for law firm partners and associates, is a member of Jones Day's Electronic Discovery Management Team, and has served as a guest lecturer at Georgetown University Law Center. She was selected by The National Law Journal as a "Champion of the Legal Profession" in 2011.