APPENDIX A

ABC Company vs. Johnson Construction
Litigation Budget
This budget is for attorney's fees only and does not include expenses.
We have used a blended rate of $300/hour to compute these estimates.
	Estimated Time
Description of Service	(in Hours)		Estimated Cost
Further review of underlying documents and files in document depository.	40-50 Hours		$12,000 - $15,000
Draft and serve written discovery.	30-40 Hours		$9,000 - $12,000
Prepare and file possible motions to compel.	0-40 Hours		$0 - $12,000
Respond to written discovery.	50-60 Hours		$15,000 - $18,000
Miscellaneous case management and other court appearances.	40-50 Hours		$12,000 - $15,000
Prepare for and take 10 - 12 percipient witness depositions, including out of state travel.	250-300 Hours		$75,000 - $90,000
Prepare for and defend 4 - 6 depositions of current and former employees.	80-120 Hours		$24,000 - $36,000
Prepare for and attend Settlement Conferences and/or Mediations.	30-40 Hours		$9,000 - $12,000
Draft possible settlement agreement.	0-10 Hours		$0 - $3,000
Range through Possible Settlement:		$156,000 - $210,000

Take and defend 5 - 6 expert witness depositions.	100-200 Hours	$30,000 - $36,000
Trial preparation, which will include preparing exhibits, witnesses, trial brief, motions in limine, voir dire, direct examination, cross-examination, opening statement and closing statement.	250-300 Hours	$75,000 - $90,000
8 - 10 day Jury Trial	200-400 Hours	$60,000 - $72,000
Range through Trial:		$321,000 -$408,000

APPENDIX B

Case Caption:
Law Firm:
Lead Attorney:
Direct Dial:
Email:
Budget Submission Date:
TOTAL BUDGET FOR LIFE-OF-MATTER:
TOTAL BUDGET FOR 2009:
Primary Attorneys/Paralegals/Staff and Rates:
Name			Title					Billing Rate
Phase/Task	Est. Duration	Professional Fees									Estimate Fees & Costs
		Partners			Associates		Paralegal/Staff
		Rate		Hours	Rate	Hours	Rate		Hours		Fees	Costs		Subtotals
Case Assessment & Administration
Legal Research											0
Fact Development											0
Client Meetings/Memoranda											0
Internal Strategy/Status Meetings											0
Court Status/Scheduling Hearings											0
Document Management											0
Settlement Negotiations											0
Other											0
Total											0	0		0
Pre-Trial Pleadings and Motions
Complaint/Answer											0
Counterclaim											0
Cross Claim											0
Reply											0
Motion to Dismiss/Remove											0
Summary Judgment Briefing/Argument											0
Court Mandated Conferences											0
Dispositive Motions											0
Other Written Motions and Submissions											0
Total											0		0		0
Discovery
Initial Disclosures											0
Document Review											0
Document Production/Privilege Review											0
Depositions											0
Expert Discovery											0
Written Discovery											0
Discovery Motions/Briefs											0
Discovery Conferences											0
Total											0		0		0
Other Case Development
Fact Witness Interviews											0
Expert Retention/Reports											0
Investigation											0
Damages Assessment/Development											0
Total											0		0		0
Trial Preparation and Trial
Mediation and other ADR Hearings											0
Written Motions and Submissions											0
Trial Preparation and Support											0
Trial and Hearing Attendance											0
Post-Trial Motions and Submissions											0
Enforcement											0
Total											0		0		0
Appeal
Review of Record Research											0
Motions and Submissions											0
Briefs											0
Oral Argument											0
Total											0		0		0
Special Projects
Class Certification Briefing/Argument										0
TRO/Preliminary Injunction Proceedings										0
Other										0
Total										0			0			0
Expenses
Expert Witnesses/Consultants										0
Investigative										0
E-Discovery Vendors										0
Document Duplication										0
Demostratives/Litigation Support/Jury Consultants										0
Travel										0
General										0
Expense Totals										0			0			0
GRAND TOTAL																0

APPENDIX C

SAMPLE INTERNAL DISCOVERY PLAN
UPDATED AS OF JANUARY 25, 2009
ACTION ITEM NO.	ACTION ITEM DESCRIPTION	RESPONSIBLE PARTY	STATUS
	1.0 PROJECT DOCUMENTS
1.1	Oversee and ensure Smithtown documents are "frozen" as of 11/17/08, maintained and moved in same tall-boy cabinets and filing cabinets.	Attny-2 (John Doe-3/John Doe-10)	ON GOING. Smithtown documents produced to Client Jan.18 - 19. Smithtown move postponed until Feb. 4.
1.2	Conduct attorney-client privileged review of Project site documents; prepare for upcoming production to Client.	AB/John Doe-5	Privilege review to be rescheduled for February 2009.
1.3	Gather electronic files and electronic correspondences of key Corp-1 people.	Attny-2/AB	IN PROGRESS. M. Monroe provided 2 CDs of e-mail in Dec. 08. Identify email retention policy with Jenny Barnes. Obtain e-mail and electronic records of other project personnel.
1.4	Gather performance data and testing data relative to combustion engines.	Attny-2/AB
1.5	Ascertain location and magnitude of all Project documents in possession of contractor; John Doe-1; Corp-2; John Doe-2.	Attny-2/AB
1.6	Privilege review of Documentum database.	AB	IN PROGRESS. Scheduled for completion by 1/20/09.
1.7	Privilege review of e-mail and other electronic records.	AB	IN PROGRESS. First set from John Doe-3 to be completed by 1/20/09.
	2.0 CLAIMS DEVELOPMENT/INVESTIGATION/STRATEGY
2.1	Identify 3rd party witnesses/develop list of potential 3rd parties to subpoena documents.	AB (JMM)	Discuss additional parties identified by Client in Disclosure Response.
2.2	Identify key documents/correspondence related to design document delay claim and establish claim value.	AB (CEM)	IN PROGRESS.
2.3	Obtain information and documentation to support unit failure.	AB/John Doe-3	IN PROGRESS.
2.4	Perform comprehensive review and analysis of Client's counterclaim.	AB	IN PROGRESS.
2.5	Obtain information and documentation to support pressurization failure.	AB/John Doe-3	IN PROGRESS.
2.6	Identify key documents/correspondence related to late equipment deliveries.	AB/John Doe-3	IN PROGRESS.
2.7	Gather and obtain technical data on hydrogen monitoring and control system failures.	AB/John Doe-3	IN PROGRESS.
2.8	Gather and obtain technical data on steam injection rates.	John Doe-3	IN PROGRESS.
2.9	Identify specific Corp-5 generator claims made against Client in previous case.	AB (JMM)	COMPLETE.
	3.0 INTERVIEWS
3.1	Interview John Doe-3 and John Doe-4 regarding contract negotiations with Client.	AB	To be scheduled in Feb. 09 following 1st round of doc. discovery.
3.2	Interview John Doe-5, John Doe-6, and other key Corp-1 personnel.	AB	To be scheduled in Feb. 09 following 1st round of doc. discovery.
3.3	Interview John Doe-1.	AB	To be scheduled in Feb. 09 following 1st round of doc. discovery.
3.4	Interview John Doe-2.	AB	To be scheduled in Feb. 09 following 1st round of doc. discovery.
3.5	Interview John Doe-7 and John Doe-8 re: design document delays.	AB	To be scheduled in Feb. 09 following 1st round of doc. discovery.
	4.0 TECHNICAL EXPERTS
4.1	Identify and engage combustion engine expert.	AB (CEM)/Attny-1	IN PROGRESS.
4.2	Retain technical expert to analyze hydraulics failure.	AB (MGM/CEM)	IN PROGRESS. AB to obtain additional information from outside professional
4.3	Consider retaining technical expert to review design documentation delays and defend against Client schedule claims.	AB/John Doe-3	IN PROGRESS. Attny-2 to approve.
	5.0 LEGAL ANALYSIS/RESEARCH
5.1	Research available remedies and measure of damages under state law.	AB	IN PROGRESS.
5.2	Develop Summary of Hot Documents to support all claims identified in 2.0 above.	AB
5.3	Develop Conflict Resolution Roadmap/Order of Proof evaluating claims/burden of proof/witnesses.	AB (CEM/JMM)	Comments received from John Doe-3 and preliminary comments from Attny-1
	6.0 LITIGATION/CONFLICT RESOLUTION
6.1	Discuss Client settlement offer and strategy/considerations in responding.	Attny-2/GE/AB
6.2	Provide Attny-1 with Term Sheet for obtaining signed agreement with Client in February meeting.	AB (CEM)
6.3	Provide update on discussion with John Doe-9.	AB (MGM)
6.4	Make contact with Insurer's directly.	AB (CEM)
6.5	Report on status of document production to Client.	AB (JMM)/Camille	Comment on volume of documents requested by Client, method of document reproduction.
6.6	Review Client records in outside state.	AB (CEM/JMM)	Scheduled for Jan. 31.
6.7	File deposition notice for Client corporate representative.	AB (JMM)	To be scheduled following 1st round of doc. discovery.
6.8	Make decision on electronic database.	Attny-2/AB	PENDING.
6.9	Firm attorneys admitted Pro Hac Vice.	KCR/AB	Applications to be submitted Jan. 28.
	7.0 ARBITRATION
7.1	No action items at this time
	8.0 MEDIATION
8.1	No action items at this time; revisit after evaluation of Client settlement offer.
	9.0 INSURER'S CLAIMS
9.1	Negotiate walk-away with insurers; provide summary of 1/25/09 teleconference with Insurer's counsel.	AB (CEM)	Discuss settlement strategy with Insurers.
	10.0 MPS NEGOTIATIONS
10.1	Discuss January 21, 2009 Corp-5 services/parts proposals and timeline for engaging Corp-5/terminating Client services agreement.	Attny-2/AB
10.2	Provide Attny-2 (Attny-1) with favorable Terms and Conditions for Corp-5 PO.	AB (JMM)

APPENDIX D

Discovery Project Management Template

Case Name ______________________

Client Matter Number ______________

Item Task Responsible Date Due Notes

1 Initial discussions with client re status to date

2 Conduct litigation hold strategy meeting

3 Determine scope of hold

4 Determine recipients of hold

5 Coordinate with HR re incoming/departing employees subject to hold

6 Determine if third parties have relevant data

7 Determine if computer forensics implicated

8 Issue litigation hold communication

9 Schedule periodic follow-up reminders re litigation hold

10 Send opposition appropriate preservation demand

11 Receive confirmation of hold instructions from recipients

12 Develop outline of legal and factual issues

13 Prepare and interview IT staff re systems, back-ups, etc.

14 Identify sources of data and possible 30(B)(6) witness(es)

15 Determine relative accessibility of data sources

16 Determine if back-up tapes are implicated

17 Determine if ongoing conduct implicated

18 Consider taking snapshot of system

19 Develop plan for gathering electronic data

20 Develop plan for dealing with databases

21 Develop plan for gathering paper documents

22 Contact US-LitSupport for vendor recommendations/bids

23 Select outside vendors if required

24 Select platform for hosting data

25 Develop initial budget for discovery

26 Prepare custodian interview questions

27 Prepare 30(B)(6) witness(es)

28 Perform interviews of custodians

29 Meet and confer with opposition

30 Negotiate and obtain appropriate protective order re data

31 Determine desired production format(s)

32 Negotiate production format(s) with opposition

33 Negotiate timetable for production(s)

34 Negotiate timetable for receiving production(s)

32 Create tracking log for gathering, processing, review and production

33 Gather electronic data

34 Gather paper data

35 Determine OCR strategy for paper

36 Determine extent of coding required for paper

37 Develop estimate of amount of data

38 Determine review platform and process

39 Determine culling strategies; keyword list; date range limitations

40 Determine review team composition

41 Train review team

42 Intensive review of key custodian(s) data

43 Develop budget estimate for discovery

44 Load data for review

45 Review data for relevance and privilege

46 Create privilege log

47 Determine disposition of data post litigation

Roles

IT = Client IT staff

IC = Inside Counsel

OC = Outside Counsel

LS = Outside Counsel's Litigation Support Team

V = Outside Vendor

APPENDIX E E-Discovery Project Management Template
Case Name____________________
Client Matter Number:___________
Item	Task	Responsible	Date Due	Notes
1	Initial discussions with Client
2	Establish responsibility for maintaining discovery audit trail
3	Obtain organization charts for relevant periods
4	Identify corporate contacts
5	Identify key corporate IT personnel
6	Identify key records managers
7	Identify key witnesses
8	Obtain copy of document retention policy
9	Determine if policy has been followed
10	Identify and address any imminent spoiliation issues
11	Gain detailed understanding of e-mail systems
12	Determine how long e-mail remains on system
13	Determine how e-mail is backed up
14	Determine if there is a disaster recovery plan
15	Determine how other data backed up
16	Determine if there area legacy systems involved
17	Determine which voice mail system(s) and instant messaging systems involved
18	Locate or create data map
19	Identify sources of privileged information
20	Develop list of all inside and outside counsel
21	Determine if client has preferred vendors
22	Develop outline of legal and factual issues
23	Identify and prepare appropriate 30B6 witness
24	Litigation Hold/Document Preservation Issues
25	Confirm that destruction policies have been suspended
26	Conduct litigation hold strategy meeting
27	Determine scope of hold
28	Determine recipients of hold
29	Coordinate with HR re incoming/departing employees subject to hold
30	Determine if third parties have relevant data
31	Consider preservation notice to third parties
32	Determine where and how to hold data
33	Issue litigation hold communication
34	Schedule periodic follow-up reminders re litigation hold
35	Receive confirmation of hold instructions from recipients
36	Inventory data sources
37	Determine reasonable/unreasonable accessibility of data sets. [FRCP 26(b)(2)(B)]
38	Determine if back-up tapes are implicated
39	Consider setting aside system snapshot
40	Determine if data exists in the cloud; develop strategy for preserving same
41	Determine if home computers or personal e-mail accounts are implicated
42	Determine if Instant Messaging implicated
43	Send opposition appropriate preservation demand
44	Collection Issues
45	Develop data collection plan
46	Identify and retain collection vendor if required
47	Identify sources of data
48	Determine who will collect the data
49	Prepare and interview IT staff re systems, back-ups, etc.
50	Estimate amount of data
51	Determine data formats
52	Identify data base issues
53	Determine if any data is encrypted
54	Determine if there are unique software applications
55	Anticipate which data may require native production
56	Determine if computer forensics implicated
57	Identify and interview key custodians
58	Develop plan for hard copy data collection
59	Determine OCR strategy for paper
60	Determine extent of coding required for paper
61	Maintain chain of custody for data gathered
62	Preparing for Meet and Confer
63	What are the issues in the case?
64	Who are the key players in the case?
65	Who are the persons most knowledgeable about ESI systems?
66	What events and intervals are relevant?
67	When did preservation duties and privileges attach?
68	What data are at greatest risk of alteration or destruction?
69	Are systems slated for replacement or disposal?
70	What steps have been or will be taken to preserve ESI?
71	What third parties hold information that must be preserved, and who will notify them?
72	What data require forensically sound preservation?
73	Are there unique chain-of-custody needs to be met?
74	What metadata are relevant, and how will it be preserved, extracted and produced?
75	What are the data retention policies and practices?
76	What are the backup practices, and what tape archives exist?
77	Are there legacy systems to be addressed?
78	How will the parties handle voice mail, instant messaging and other challenging ESI?
79	Is there a preservation duty going forward, and how will it be met?
80	Is a preservation or protective order needed?
81	What e-mail applications are used currently and in the relevant past?
82	Are personal e-mail accounts and computer systems involved?
83	What principal applications are used in the business, now and in the past?
84	What electronic formats are common, and in what anticipated volumes?
85	Is there a document or messaging archival system?
86	What relevant databases exist?
87	Will paper documents be scanned, and if so, at what resolution and with what OCR and metadata?
88	What search techniques will be used to identify responsive or privileged ESI?
89	If keyword searching is contemplated, can the parties agree on keywords?
90	Can supplementary keyword searches be pursued?
91	How will the contents of databases be discovered? Queries? Export? Copies? Access?
92	How will de-duplication be handled, and will data be re-populated for production?
93	What forms of production are offered or sought?
94	Will single- or multipage .tiffs, PDFs or other image formats be produced?
95	Will load files accompany document images, and how will they be populated?
96	How will the parties approach file naming, unique identification and Bates numbering?
97	Will there be a need for native file production? Quasi-native production?
98	On what media will ESI be delivered? Optical disks? External drives? FTP?
99	How will we handle inadvertent production of privileged ESI?
100	How will we protect trade secrets and other confidential information in the ESI?
101	Do regulatory prohibitions on disclosure, foreign privacy laws or export restrictions apply?
102	How do we resolve questions about printouts before their use in deposition or at trial?
103	How will we handle authentication of native ESI used in deposition or trial?
104	What ESI will be claimed as not reasonably accessible, and on what bases?
105	Who will serve as liaisons or coordinators for each side on ESI issues?
106	Will technical assistants be permitted to communicate directly?
107	Is there a need for an e-discovery special master?
108	Can any costs be shared or shifted by agreement?
109	Can cost savings be realized using shared vendors, repositories or neutral experts?
110	How much time is required to identify, collect, process, review, redact and produce ESI?
111	How can production be structured to accommodate depositions and deadlines?
112	When is the next Rule 26(f)conference (because we need to do this more than once)?
113	Processing Issues
114	Determine culling software and strategies; keyword list; date range limitations, etc.
115	Select processing vendor(s)
116	Obtain cost estimates for processing
117	Obtain time estimates for processing
118	Insure chain of custody for data
119	Determine which metadata fields should be extracted
120	Determine procedures for dealing with exceptions
121	Confirm load file formats
122	Review issues
123	Determine review platform and process
124	Formulate and test keyword search terms; test with key custodian(s)
125	Determine review team composition
126	Determine if second review required/warranted
127	Train review team
128	Conduct intensive review of key custodian(s) data
129	Develop budget estimate for review
130	Develop time estimate for review
131	Load data for review
132	Review data for relevance and privilege
133	Create privilege log
134	Production issues
135	Determine priority of data to be produced; consider rolling productions.
136	Negotiate and obtain appropriate protective order re data including clawback agreement
137	Determine desired production format(s)
138	Negotiate production format(s) with opposition
139	Negotiate timetable for production(s)
140	Negotiate timetable for receiving production(s)
	Roles
	IT = Client IT staff
	IC = Inside Counsel
	OC = Outside Counsel
	LS = Outside Counsel's Litigation Support Team
	V = Outside Vendor

SAMPLE PRESERVATION LETTER – TO CLIENT

[Date]

RE: [Case Name] - Data Preservation

Dear :

Please be advised that the Office of General Counsel assistance believes electronically stored information to be an important and irreplaceable source of discovery and/or evidence in [description of event, transaction, business unit, product, etc.]. The lawsuit requires preservation of all information from [Corporation’s] computer systems, removable electronic media and other locations relating to [description of event, transaction, business unit, product, etc.]. This includes, but is not limited to, email and other electronic communication, word processing documents, spreadsheets, databases, calendars, telephone logs, contact manager information, Internet usage files, and network access information.

[Corporation] should also preserve the following platforms in the possession of the [Corporation] or a third party under the control of the [Corporation] (such as an employee or outside vendor under contract): databases, networks, computer systems, including legacy systems (hardware and software), servers, archives, backup or disaster recovery systems, tapes, discs, drives, cartridges and other storage media, laptops, personal computers, internet data, personal digital assistants, handheld wireless devices, mobile telephones, paging devices, and audio systems (including voicemail).

Employees must take every reasonable step to preserve this information until further notice from the Office of General Counsel. Failure to do so could result in extreme penalties against [Corporation].

All of the information contained in the letter should be preserved for the following dates and time periods: [List dates and times].

PRESERVATION OBLIGATIONS

The laws and rules prohibiting destruction of evidence apply to electronically stored information in the same manner that they apply to other evidence. Due to its format, electronic information is easily deleted, modified or corrupted. Accordingly, [Corporation] must take every reasonable step to preserve this information until the final resolution of this matter.

This includes, but is not limited to, an obligation to:

· Discontinue all data destruction and backup tape recycling policies;

· Preserve and not dispose of relevant hardware unless an exact replica of the file (a mirror image) is made;

· Preserve and not destroy passwords, decryption procedures (and accompany software), network access codes, ID names, manuals, tutorials, written instructions, decompression or reconstruction software;

· Maintain all other pertinent information and tools needed to access, review, and reconstruct necessary to access, view, and/or reconstruct all requested or potentially relevant electronic data.

DESCRIPTION OF DATA SOUGHT

This lawsuit requires preservation of all information from [Corporation’s] computer systems, removable electronic media and other locations relating to [description of event, transaction, business unit, product, etc.]. This includes, but is not limited to, email and other electronic communication, word processing documents, spreadsheets, databases, calendars, telephone logs, contact manager information, Internet usage files, and network access information.

I. Electronic Files. You have an obligation to preserve all digital or analog electronic files in electronic format, regardless of whether hard copies of the information exist. This includes preserving:

A. Active data (i.e., data immediately and easily accessible on the client’s systems today);

B. Archived data (i.e., data residing on backup tapes or other storage media);

C. Deleted data (i.e., data that has been deleted from a computer hard drive but is recoverable through computer forensic techniques); and

D. Legacy data (i.e., data created on old or obsolete hardware or software).

E. [Corporation] must preserve active, archived and legacy data including but not limited to:

1. Word-processed files, including drafts and revisions;

2. Spreadsheets, including drafts and revisions;

3. Databases;

4. CAD (computer-aided design) files, including drafts and revisions;

5. Presentation data or slide shows produced by presentation software (such as Microsoft PowerPoint);

6. Graphs, charts and other data produced by project management software (such as Microsoft Project);

7. Animations, images, audio, video and audiovisual recordings, MP3 players, and voicemail files;

8. Data generated by calendaring, task management and personal information management (PIM) software (such as Microsoft Outlook or Lotus Notes);

9. Data created with the use of personal data assistants (PDAs), such as PalmPilot, HP Jornada, Cassiopeia or other Windows CE-based or Pocket PC devices;

10. Data created with the use of document management software; and

11. Data created with the use of paper and electronic mail logging and routing software.

F. [Corporation] must preserve media used by [Corporation]computers including but not limited to:

1. Magnetic, optical or other storage media, including the hard drives or floppy disks used by [Corporation] computers;

2. Backup media (i.e., other hard drives, backup tapes, floppies, Jaz cartridges, CD-ROMs) and the software necessary to reconstruct the data contained on the media; and

3. Archived media (you should retain a mirror image copy of any media no longer in service but used during the following time periods):

a) [List times here]

II. Hardware. [Corporation] has an obligation to preserve all electronic processing systems, even if they are replaced. This includes computer servers, stand-alone personal computers, hard drives, laptops, PDAs, and other electronic processing devices. [Corporation] should retain copies of any hardware no longer in service but used during the following time periods:

A. [List times here]

III. Emails. You have an obligation to preserve all potentially relevant internal and external emails that were sent or received. Email must be preserved in electronic format, regardless of whether hard copies of the information exist.

IV. Internet Web Activity. You have an obligation to preserve all records of Internet and Web-browser generated files in electronic format, regardless of whether hard copies of the information exist. This includes Internet and Web-browser-generated history files, caches and cookies” files stored on backup media or generated by an individual employed at [Corporation].

V. Activity Logs. [Corporation] must preserve all hard copy or electronic logs documenting computer use by [Relevant Computer Users].

VI. Supporting Information. [Corporation] must preserve all supporting information relating to the requested electronic data and/or media including:

A. Codebooks, keys, data dictionaries, diagrams, handbooks, or other supporting documents that aid in reading or interpreting database, media, email, hardware, software, or activity log information.

VII. Information for Employees. [Corporation] should preserve all data that contains the information described below for the following employees:

A. Name(s) & Job Title(s);

B. Basic employee information including name, date of birth, social security number, employee identification number, race, date hired (or re-hired), and educational background;

C. Employment performance evaluations or reviews;

D. All information, including W-2 forms, relating to compensation (including salary, bonuses, merit increases, stock options and/or other forms of compensation);

E. For each position held by the employee during [time period], list the job title/position, salary level, function or description, location, division, department, subsidiary, time in position, and job status (covered or not covered), and whether the employee was full-time, part-time or temporary;

F. Any disciplinary action or employment contract violations; and

G. If the individual is a former employee, list the data of departure and reason for leaving.

VIII. Other Relevant Information

A. Documents relating to computer systems, programs, software, hardware, materials, tools or information that [Corporation] uses or used to track, monitor or prevent discriminatory employment practices.

B. From [time period] all documents that relate to any software or hardware computer changes affecting your Human Resources database.

DESCRIPTION OF DOCUMENTS AND MEDIA THAT SHOULD BE PRESERVED

I. Data Preservation. [Corporation] should immediately preserve all data and information about the data (i.e., backup activity logs and document retention policies) relating to documents maintained in the ordinary course of business for the employees listed below. This includes, but is not limited to, the information listed below.

A. Email and any relevant metadata, including message contents, header information, and email system logs that was sent or received by or is in the possession of the following parties and/or contains information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

B. All active and deleted copies of any word processing files, spreadsheets, PowerPoint presentations, or other documents that are in the possession of the following parties and/or contain information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

C. Databases and any information about the databases that are in the possession of the following parties and/or contain information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

D. All paper and/or electronic logs of computer system and network activity that pertain to electronic data storage that are in the possession of the following parties and/or contain information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

E. All active and deleted copies of any electronic calendars or scheduling programs, including programs maintained on PDAs, that are in the possession of the following parties and/or contain information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

F. All active, archived, legacy, and deleted copies of any other electronic data that are in the possession of the following parties and/or contain information about the following subjects:

1. Parties:

a) [Name(s) & Job Title(s)]

2. Subject Matters:

a) [List topics here]

II. Data Storage Devices

A. Online Data Storage. If [Corporation] uses online storage and/or direct access storage devices, they must immediately cease modifying or deleting any electronic data unless a computer forensic expert makes a mirror image of the electronic file, follows proper preservation protocols for assuring the accuracy of the file (i.e., chain of custody), and makes the file available for litigation.

B. Offline Data Storage. Offline data storage includes, but is not limited to, backup and archival media, floppy diskettes, magnetic, magneto-optical, and/or optical tapes and cartridges, DVDs, CDROMs, and other removable media. [Corporation] should immediately suspend all activity that might result in destruction or modification of all of the data stored on any offline media. This includes overwriting, recycling or erasing all or part of the media. This request includes, but is not limited to, media used to store data from personal computers, laptops, mainframe computers, and servers.

C. Data Storage Device Replacement. If [Corporation] replaces any electronic data storage devices, [Corporation] may not dispose of the storage devices.

D. Preservation of Storage Devices. [Corporation] may not modify, delete or otherwise alter (i.e., by data compression, disk de-fragmentation, or optimization routines) any electronic data unless a computer forensic expert makes a mirror image of the electronic file, follows proper preservation protocols for assuring the accuracy of the file (i.e., chain of custody), and makes the file available for litigation. The expert must make a mirror image of active files, restored versions of deleted files, and restored versions of deleted file fragments, hidden files, and directory listings. This includes, but is not limited to, preserving electronic data (stored on online or offline storage devices) that came from the following hardware or software applications:

1. Fixed drives on stand-alone personal computers or laptops;

2. Network servers and workstations; and

3. Software application programs and utilities.

PRESERVATION COMPLIANCE

I. Activity Log. In order to show preservation compliance, [Corporation] must maintain a log, documenting all alterations or deletions made to any electronic data storage device or any electronic data processing system. The log should include changes and deletions made by supervisors, employees, contractors, vendors, or any other third parties.

II. Mirror Images. [Corporation] must secure a mirror image copy (a bit-by-bit copy of a hard drive that ensures the computer system is not altered during the imaging process) of all electronic data contained on the personal computers and/or laptops of the individuals listed below. The mirror image should include active files, deleted files, deleted file fragments, hidden files, directories, and any other data contained on the computer. [Corporation] must also collect and store any offline or online storage devices that contain data from any electronic processing devices for the individuals listed below.

A. [Name(s) & Job Title(s)]

III. Chain of Custody. For each piece of media that [Corporation] preserve(s), [Corporation] must document a complete chain of custody. A proper chain of custody will ensure that no material changes, alterations or modifications were made while the evidence was handled. Chain of custody documentation must indicate where the media has been, whose possession it has been in, and the reason for that possession.

IV. Electronic Data Created after this Letter. For any electronic data created after this letter or for any electronic processing systems used after this letter, [Corporation] must take the proper steps to avoid destroying potentially relevant evidence. This includes following the above preservation protocols.

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Compliance with [Corporation] preservation obligations includes forwarding a copy of this letter to all individuals or organizations that are responsible for any of the items referred to in this letter. If this correspondence is in any respect unclear, please call me immediately.

Sincerely,

John E. Doe