Effective Litigation Holds
Best Practices to Reduce Risks and Costs Under the Amended Federal Rules
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, February 17, 2009
Recorded event now available
This seminar will examine the full extent of the duty to preserve electronic evidence and will provide practical strategies for streamlining efforts in order to save time and money while meeting the obligation.
Description
The Federal Rules amendments codified the requirement of litigation holds to preserve electronic evidence pending litigation. However, the rule offers little guidance for attorneys on how to comply with the duty and avoid penalties and sanctions.
This duty is not an easy one to fulfill. Parties must immediately suspend the routine destruction of electronic files upon even the anticipation of an investigation or litigation. All staff must be properly notified; systems and routines will be disrupted.
The compliance challenges are far-reaching, impacting strategic, technological and human resources company wide.
Listen as our panel of litigation specialists offers their experienced and practical strategies to understand the full extent of the duty to preserve electronic evidence, and importantly, to streamline efforts in order to save time and money while meeting the obligation.
Outline
- Litigation hold – overview
- It’s not just a memo to employees.
- What is the intent and expectation of the litigation hold?
- Document defined
- Current state of the law
- Amended Federal Rules
- Duty to preserve (legal standards)
- Triggering the duty
- Application to all potential litigants
- What should be preserved
- Privileges
- Ongoing obligation
- Consequences for failing to comply
- Best practices for litigation hold (implementing standards)
- Litigation hold checklist
- Key things to remember
- Instructions to stop routine destruction of documents (factors to consider when writing instructions)
- Ongoing obligations
Benefits
The panel will review these and other key questions:
- What constitutes reasonable notice of a duty to preserve evidence?
- What are the first steps parties must take upon notice of a litigation hold?
- What are the best time and cost-saving practices to properly preserve electronic information?
- What are the consequences for failing to comply - and how can parties mitigate sanctions?
Faculty
Michael E. Lackey, Jr.,
Partner
Mayer Brown, Washington, D.C.
He focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in state and federal proceedings, including multidistrict and class litigation.
Jeffrey Fowler,
Counsel
O’Melveny & Myers, Los Angeles
He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of the firm's Document Retention and E-Discovery Practice. He is a firm leader on e-discovery and counsels clients on related topics, including litigation preparedness, legal hold obligations, e-data collection and production, and document retention policies.
Robert B. (Barry) Wiggins,
Director, Forensic & Dispute Services
Deloitte Financial Advisory Services, Washington, D.C.
He consults with legal counsel and their clients on a variety of e-discovery issues and in regard to all phases of e-discovery compliance, including the preservation, collection, processing, review, and production of discovery materials in civil and criminal matters and investigations.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
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Customer Reviews
I liked the application of recent case law.
Jeff Vagle
Pepper Hamilton LLP
The seminar featured very knowledgeable presenters on an extremely important topic.
Kenneth Mathieu
FTI Consulting
The speakers were tops in their industry.
Peter Danias
Kaye Scholer
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
The seminar was understandable, fluid and thorough for the topics covered.
Susan L. Dolin, Esq.
Susan L. Dolin, P.A.
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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