Effective Litigation Holds
Best Practices to Reduce Risks and Costs Under the Amended Federal Rules
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
- 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
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?
Michael E. Lackey, Jr.
He focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in... | Read More
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.Close
O’Melveny & Myers
He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of... | Read More
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.Close
Robert B. (Barry) Wiggins
Director, Forensic & Dispute Services
Deloitte Financial Advisory Services
He consults with legal counsel and their clients on a variety of e-discovery issues and in regard to all phases of... | Read More
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.Close
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