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

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Conducted on Tuesday, February 17, 2009

Course Materials

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.


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.



  1. Litigation hold – overview
    1. It’s not just a memo to employees.
    2. What is the intent and expectation of the litigation hold?
    3. Document defined
    4. Current state of the law
    5. Amended Federal Rules
  2. Duty to preserve (legal standards)
    1. Triggering the duty
    2. Application to all potential litigants
    3. What should be preserved
    4. Privileges
    5. Ongoing obligation
    6. Consequences for failing to comply
  3. Best practices for litigation hold (implementing standards)
    1. Litigation hold checklist
    2. Key things to remember
    3. Instructions to stop routine destruction of documents (factors to consider when writing instructions)
    4. 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.
Michael E. Lackey, Jr.

Mayer Brown

He focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in...  |  Read More

Jeffrey Fowler
Jeffrey Fowler

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

Robert B. (Barry) Wiggins
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

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