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CCCA_V2No2_Dept-CrossBdr-FIN.qxd:CCCA_V1No2_Dept-CrossBdr-V1.qxd 4/30/08 5:15 PM Page 16 Cross Border For multinational firms with electronic Depending on the company and its litiga- also include a plan for the preservation, col- data sources around the globe, this can be a tion profile,a data map should include infor- lection and production of these data sources. daunting task.A litigation readiness program mation such as source, custodians, business This plan should be versatile enough to should create a data map that provides an purpose, ranges, and whether it has been accommodate changes that will continue to inventory of key data sources and a plan for previously produced in litigation. occur in how employees communicate preserving the relevant data when needed. The litigation readiness program should (instant messaging, SMS messaging, white MT_CCCA Ad.qxp 4/3/2008 2:36 PM Page 1 boarding software, chat rooms, and voice recognition software allowing transcrip- tion of voice mails). Proactively preparing for litigation in the United States can lead to cost-saving measures in everything ranging from record management systems to business infrastructures. Reviewing and revising procedures and systems before experienc- ing the intense pressure of litigation dead- lines affords companies the opportunity to take reasoned, measured looks at how it conducts business. Litigation readiness is about being pre- pared for opportunities when litigation begins.Darrell Royal,three-time nation- al championship coach of the University ofTexas football team was fond of saying: Looking at law from your “Luck is when preparation meets oppor- perspective. gation, a company needs to be thor- tunity.” To be “lucky” (successful) in liti- oughly prepared when facing the oppor- tunity to win in court. Your lawyers should be a part of the team, Lana K.Varney is a not an obstacle to it. At Miller Thomson LLP, partner in Fulbright our goal is helping you to reach your goals & Jaworski L.L.P.’s by offering insight, creative thinking and maximum value to all of our clients all Austin, Texas office. of the time. That’s how we’ve become Ms.Varney's practice one of Canada’s leading national law firms. focuses on civil litiga- tion with an emphasis on electronic discovery Essential minds for issues. She currently serves as National your essential business. Counsel in various insurance and mass tort litigations,including matters involving the sale www.millerthomson.com of deferred annuities and product liability claims against pharmaceutical medicines. She currently is spearheading several projects for clients involving e-discovery, including imple- menting “Litigation Readiness Programs.” Ms.Varney serves as an adjunct professor at the University ofTexas School of Law teach- TORONTO VANCOUVER CALGARY EDMONTON LONDON KITCHENER-WATERLOO ing “Texas Civil Litigation: Pretrial and GUELPH MARKHAM MONTRÉAL Trial Strategy.” 16 CCCA Canadian Corporate Counsel Association SUMMER 2008 CCCA62_016.indd 1 05/05/2008 09:50:07 AM