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PSS Systems Codifies Zubulake Litigation Communications and Collections Checklist, Offers Product Aligned to De Facto Standard
Mountain View, California, October 6, 2005 — Following a series of successful discussions and dialogue with Fortune 100 legal executives, litigators from top law firms, US District Court Judges and global powerhouses during September conferences the company sponsored or presented at, PSS Systems® announced that its Atlas Litigation Communications and Collections (LCC) solution maps to the Zubulake V de facto standard for information preservation and collection. PSS, the leading provider of information retention and collection solutions, has codified the Zubulake Checklist for preserving and collecting information. Available as a guide for corporate legal practitioners, the Checklist includes process gap identification and steps companies can take to ensure they meet the de facto guidelines of Zubulake V.
Judges from Southern District New York, District of Northern California, and District of Massachusetts as well as litigators from Wilson Sonsini Goodrich & Rosati and Skadden Arps agreed at the “Legal and Strategic Guide to E-Discovery” and CGOC Discovery Working Lunch “Monitoring Legal Holds in Active Litigation” that the Zubulake standards for preserving and collecting information for litigation have quickly become the de facto standard, citing numerous cases in other jurisdictions that have applied the standard. The Zubulake standard is particularly challenging because it stresses in house and outside counsel’s personal responsibilities for ensuring that all relevant information is preserved and collected, and it outlines the steps companies must take to identify the parties involved, and communicate affirmatively and repeatedly to collect needed information. Currently, most companies use spreadsheets and note pads to manage the process, which increases their exposure to additional risks and legal challenges.
PSS Systems, working closely with its expert legal advisors for 18 months, anticipated how the traditional rules of evidence would evolve in a digital world. The company has captured and codified the Zubulake elements in its Atlas Litigation Communications and Collections solution, taking a leadership position at a critical juncture in the legal community.
“A number of discovery and litigation thought leaders anticipated the shape of these standards over a year ago. I’m pleased that we were able to harness their expertise and combine it with our own forward thinking in building sophisticated solutions for complex enterprise compliance problems,” said Deidre Paknad, president & CEO, PSS Systems. “It means that companies who have been tracking legal holds and document collections for cases that often span years on spreadsheets can quickly and easily upgrade their processes with a well-designed solution. Because PSS continuously monitors and captures definitive legal expertise, companies can always be ahead of the law with our Litigation Communications and Collections product.”
PSS is now offering the Zubulake Checklist as a corporate baseline:
- Enable your “discovery liaison” to readily describe information custodians, systems, storage, and your retention policies
- Affirmatively and repeatedly communicate legal holds to all affected parties
- Integrate your retention policies and coordinators with discovery challenges and responsibilities
- Actively manage and monitor document collections
- Interview affected employees to determine sources of information
- Monitor compliance with legal holds on an ongoing basis
- Thoroughly document and demonstrate the efficacy of your process
- Prepare to take responsibility for ensuring that information is preserved, collected, and produced
For a complete look at the list, along with a discussion of typical gaps in the legal holds process and risk mitigation plan, please visit: http://www.pss-systems.com/resources/zubulake_checklist.html.
For summary materials from the conferences, please contact PSS Systems.
About PSS Systems
PSS Systems is the leading provider of information retention and preservation solutions. The company’s AtlasIPM suite is the first and only solution that enables enterprises to synchronize information retention, disposal, preservation, and production processes. Companies retain and collect only the information they need, resulting in reduced legal and IT costs.
PSS Systems customers include Credit Suisse First Boston, Babcock & Brown, Cap Gemini, and others. PSS Systems is a recognized leader on critical policy topics and founded and sponsors the Compliance, Governance & Oversight Council (CGOC), an executive forum on policy and practice issues related to retention, disposition, preservation, and production. To assist its customers, the company has an expert ecosystem including Hunton & Williams, Kahn Consulting, Kaye Scholer, PricewaterhouseCoopers, Skadden Arps, Weil, Gotshal & Manges, and others.
PSS Systems is a privately-held company based in Mountain View, California. For more information, please visit www.pss-systems.com.
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PSS Systems and the PSS logo are registered trademarks, and Policy Atlas, Policy Point and AtlasIPM, are trademarks of PSS Systems, Inc. All other company and product names mentioned are the trademarks or registered trademarks of their respective companies.
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