Electronically Stored Information Preservation and Collection

Navigating the Changing ESI Landscape for Effective Litigation Holds

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, February 27, 2013

Recorded event now available

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Course Materials

This CLE course will provide business counsel with a review of the implications of recent court decisions and explain the analytical framework for preserving electronically stored information (ESI). The panel will offer best practices for using litigation holds and preserving ESI.


Meeting the challenges of ESI preservation and collection is essential. Among the most difficult hurdles is understanding and dealing with the differing analytical frameworks set forth by federal courts.

The case law is far from settled. Compliance challenges are far-reaching and impact strategic, technological and human resources company wide. Counsel to businesses must stay abreast of ever-expanding e-discovery case law to ensure compliance with preservation requirements.

Listen as our authoritative panel of experienced litigators examines developments in court decisions, explains the analytical framework for preservation of ESI and assessing culpable conduct, and offers best practices for litigation holds and preservation of ESI.



  1. Duty to preserve and managing preservation
    1. Triggering event
    2. Defendants v. plaintiffs
    3. Scope of preservation
    4. Ongoing obligations
  2. Court treatment after Chin v. Port Authority of New York & New Jersey, (2d Cir. July 10, 2012)
    1. Differing approaches by the circuit courts of appeal
    2. Case law updates
      1. Cloud computing
      2. Sanctions
      3. Preservation and notice
  3. Best practices for litigation holds
    1. Litigation hold checklist
    2. Possible use of technology
    3. Managing ongoing preservation obligations


The panel will review these and other key questions:

  • What guidance do recent court decisions provide for analyzing spoliation claims?
  • What technological developments have the circuits most recently addressed regarding ESI?
  • What time and cost saving measures can counsel leverage to properly preserve electronic information?
  • What are the first steps parties must take upon notice of a litigation hold?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Robert B. (Barry) Wiggins
Robert B. (Barry) Wiggins


He is a director in Deloitte Financial Advisory Services LLP and the National Leader for its Document Review Services...  |  Read More

Michael E. Lackey
Michael E. Lackey

Mayer Brown

He is a litigator, serves on his Firm’s Partnership Board, is the Partner-in-Charge of the Washington, D.C....  |  Read More

Fowler, Jeffrey
Jeffrey Fowler

O'Melveny & Myers

He is one of the founders and leaders of the firm’s Electronic Discovery and Document Retention Practice and his...  |  Read More

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