ABSTRACT

Contents Introduction ............................................................................................272 How to Use is Chapter ........................................................................273 Companies at Are Required to Have Disaster Recovery Plans .............273 Companies at Are Required to Have Some Elements of a Disaster Recovery Plan ..........................................................................................282 Preparedness Planning Is Encouraged by Law .........................................293 Preparedness Planning for the Legal Department .................................. 306 Appendix A: Best Practices ...................................................................... 311 Appendix B: IRS Rev. Procedure 98-25 ...................................................312 Appendix C: Financial Institution Rules from GLB ................................323 Appendix D: Checklist for Pandemic Planning .......................................326

Introduction First, let me introduce myself. My name is Ed Pope. I am trained as a lawyer and have over 25 years’ experience practicing law in several settings: as a government lawyer, in-house counsel, and big law firm attorney. I’ve now come to believe that disaster recovery planning is more important than practicing law. Katrina and Rita convinced me that we can no longer rely upon the government in the immediate aftermath of a disaster. In the first week or two after a disaster, it will be up to individuals and businesses to do what is necessary to save lives and restore property. As you will see in this chapter, some companies — banks and other financial institutions, stockbrokers, electric and telephone companies — are required to have plans to do just that. I believe that every company that is large enough to have fire drills or keep an inventory should have a disaster recovery plan.