ESI Discovery Obligations for In-House Counsel: Meeting Preservation Requirements and Avoiding Sanctions
Navigating the Nuances of Litigation Holds — Who to Include, Documenting Instructions, Locating Information
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to in-house attorneys for meeting the expansive requirements for preserving electronically stored information (ESI). The panel will examine current e-discovery challenges and potential pitfalls facing in-house counsel and detail specific best practices to avoid the risk of sanctions for spoliation of ESI.
Duty to preserve and managing preservation
- Triggering event
- Scope of preservation
- Ongoing litigation hold obligations
- Potential sanctions for failure to preserve
- Latest court rulings on ESI preservation obligations
Best practices for in-house counsel responsible for litigation holds
- Determine which custodians to include and exclude on litigation hold notice
- Using the IT department to preserve ESI vs. hiring an e-discovery vendor
- Create record of preservation and collection instructions
- Understand how the company's electronic systems work
The panel will review these and other key questions:
- What are in-house attorneys' obligations for collecting and preserving ESI?
- What are the first steps corporate counsel should take upon notice of a litigation hold?
- What guidance do recent court decisions provide for analyzing spoliation claims and possible sanctions?
- What legacy data can corporate legal departments destroy, and what legacy information must they keep?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Melinda F. Levitt
Foley & Lardner
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities,... | Read More
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities, intellectual property and class action defense work in matters pending before federal and state courts, as well as various federal agencies. She has developed particular experience in complex electronic discovery and obtaining discovery from companies abroad. She has also written extensively on the subject.Close
Daniel L. Regard
Mr. Regard is a nationally recognized electronic evidence and case management expert with 20 years experience... | Read More
Mr. Regard is a nationally recognized electronic evidence and case management expert with 20 years experience in consulting to legal and corporate entities. A programmer and an attorney by training, he has conducted system investigations, created data collections, and managed discovery on some of the highest profile financial investigations of the last decade.Close