Presenting a live 90-minute webinar with interactive Q&A Discovery in Bad Faith Insurance Litigation: Best Practices for Proving or Defending Claims WEDNESDAY, SEPTEMBER 19, 2012 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Soren E. Gisleson, Partner, Herman, Herman & Katz , New Orleans David A. Strauss, Member, King Krebs & Jurgens , New Orleans Alan P . Jacobus, Partner, Carroll, Burdick & McDonough , San Francisco The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Soren E. Gisleson, Esq. Partner Phone: (504) 581-4892 Fax: (504) 561-6024 Email: sgisleson@hhklawfirm.com
30(b)(6) Notice MIS UNITED STATES DISTRICT COURT * CIVIL ACTION NO. P LAINTIFF * * SECTION: * Versus * JUDGE * I NSURER * MAGISTRATE JUDGE * * * * * * * * * * * * * * PLAINTIFFS ’ 30(B)(6) DEPOSITION NOTICE RELATING TO INFORMATION SYSTEMS AND INITIAL REQUESTS FOR PRODUCTION OF DOCUMENTS To: Insurer 6
Definitions and Instructions Document - As used herein, the term “document” shall be construed broadly and A. expansively to include any medium upon which information is recorded, including, but not limited to, contracts, agreements, applications, forms, policies, claims, files, records, letters, correspondence, minutes, logs, memoranda, notes, E LECTRONIC E VIDENCE (as defined herein), photocopies, facsimiles, transcripts, pleadings, claims, sketches, drawings, designs, blueprints, graphs, photographs, videotapes, audiotapes, microfilm, charts, studies, tables, calculations, analyses, summaries, pricing data, other data, compilations, advertisements, fliers, mailings, brochures, notices, acknowledgments, and any draft of the foregoing, which is, or has been, at any time, in the control, custody or possession of I NSURER . Electronic Evidence - As used herein, the term “Electronic Evidence” shall be construed B. broadly and expansively to include any electronic medium upon which information is recorded, including, but not limited to, computer tapes, computer disks, computer cards, computer files, computer systems, computer databases, e-mails, floppy discs, zip discs, backup tapes, mainframes, hard drives, computer presentations, PowerPoint slides, calendars, directories, diaries, application programs, data files and file fragments, word processing files and file fragments. 7
Communication - Shall refer to all communication, whether written or oral or by electronic C. means, including, but not limited to, telephone conversations, letters, memoranda, e-mails, facsimiles, reports, interviews, statements, contracts, agreements and consultations. Whenever a request refers to conversations with others, such request also refers to communications with all persons acting on behalf of that other, including, but not limited to, employees, officers, managers, directors, parent corporations, subsidiaries, associates, consultants, investigators, secretaries, assistants, agents, brokers, claims adjusters, or attorneys. You or Your or Defendant - Shall refer to Defendant Solutions, Inc., and/or any affiliates, D. subsidiaries, predecessors-in-interest, and/or successors-in-interest of Defendant, (including, but not limited to, Xactnet, Defendant, and/or ISO), and to any and all parties or persons acting on behalf of one or more of these entities, including, but not limited to, employees, officers, managers, directors, associates, consultants, investigators, secretaries, assistants, agents, brokers, claims adjusters, or attorneys. Insurer - Shall refer to Insurer, and/or all related entities, such as parent corporations, sister E. corporations, predecessors-in-interest, successors-in-interest, affiliates, and/or subsidiaries, and to any and all parties or persons acting on behalf of one or more of these entities, including, but not limited to, employees, officers, managers, directors, associates, consultants, investigators, secretaries, assistants, agents, brokers, claims adjusters, or attorneys. 8
Pricing Information - shall be defined as any D OCUMENT and/or E LECTRONIC E VIDENCE F. and/or C OMMUNICATION obtained, collected, compiled, created, modified, purchased, sold, and/or used by D EFENDANT and/or I NSURER , relating or in any way pertaining to the price and/or cost and/or estimated price and/or cost of any repair, restoration, replacement and/or construction of any movable or immovable property, including, but not limited to, material, labor, tax, overhead and profit, minimum price, base service charge and/or other element(s) of a price and/or cost. Privilege - If a privilege is claimed over any document, (as defined above), please provide: G. (a) the identity of the author of the document, (b) the identity of all recipient(s) of the document, (c) the date that the document was prepared, (d) a brief description of the document, and (e) the basis upon which the privilege is claimed, including the statute, rule or decision upon which the claim of privilege is based. The terms “and” and “or” and “and/or” shall be construed broadly and expansively as H. “and/or”, and shall not be construed to limit the documents or information sought in any manner. The term “ relate ” (including “relating”, “related” and/or “relates”) shall be construed I. broadly and expansively to mean consisting of, referring to, reflecting, or in any way referring to, reflecting, or being in any way legally, logically, or factually connected with the matters discussed. 9
NOTICE PLEASE BE ADVISED that Plaintiffs will take the deposition of Defendant, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, at the ?????, on the ??th day of ???, 2008, commencing at 9:00 a.m. (local time), and continuing from day to day until complete. Defendant is requested to designate one or more officers, managers, agents, employees, or other representatives to discuss the following issues: Areas of Inquiry 1. The existence, duties, structure, and personnel associated with Your information technology ( “ IT ”), information systems (“IS”), or management information systems (“MIS”) department or division, and/or any other department or division responsible for the maintenance, storage, preservation, deletion, and/or utilization of Electronic Evidence as defined herein. 2. The existence, layout, functions, practices and procedures associated with the maintenance of your corporate library or libraries. 3. Your Document (and/or Electronic Evidence) retention and/or destruction policies. 4. Your computer system configuration, including the structure and use of networks, desktops, and offsite access, as well application software and utilities. 5. Your policies and practices regarding deletion, back-up, preservation, and storage of electronic data. 6. The nature, existence, generation, distribution and retention of routinely-kept records or reports relating to Pricing Information. 7. Your electronic mail and messaging systems. 10
Areas of Inquiry (cont.) 8. Your policies regarding the confidentiality of information, including the use of logins, passwords, and other security devices, as well as confidentiality agreements with employees. 9. Your policies regarding employee use of computers, networks, servers, e-mail, the Internet, or World Wide Web. 10. The process, or processes, by which You sell, distribute, disseminate or otherwise provide Pricing Information to Insurer (from an IT, IS and/or MIS perspective). 11. The process, or processes, by which You obtain Pricing Information from Insurer (from an IT, IS and/or MIS perspective). 12. The personnel primarily responsible for coordinating and/or communicating with Insurer. 13. The process, or processes, by which You collect, compile, assimilate, modify, alter and/or utilize Pricing Information (from an IT, IS and/or MIS perspective). 11
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