Litigation Holds in Employment Lawsuits: Creating an Early and Effective Plan for Collecting and Preserving ESI
Best Practices to Reduce Risks, Manage Costs and Avoid Sanctions Under the Amended Federal Rules
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to labor and employment counsel on implementing litigation holds in employment collective, class action and individual lawsuits. The panel will discuss recurring discovery and common records subject to preservation in employment actions and offer best practices for creating a litigation readiness and document preservation plan to avoid potentially costly spoliation allegations and sanctions under the new FRCP Rule 37(e).
- Preservation triggers and implementing hold notices
- Elements of a litigation readiness and document preservation plan
- Defending against spoliation motions
- FRCP Rule 37(e) and the evolving ESI spoliation analysis
The panel will review these and other key issues:
- What are the complexities in creating and implementing litigation holds in the employment context?
- What should in-house and outside counsel do to mitigate the likelihood of facing spoliation allegations?
- What policies should be effectuated to lessen or avoid potential sanctions in the event of a finding of spoliation?
- What effects are the amendments to Rule 37 and Rule 26 having on litigation holds?
Yvette D. Everhart
Sass Law Firm
Ms. Everhart’s practice focuses on litigation of employment discrimination cases, and she has significant... | Read More
Ms. Everhart’s practice focuses on litigation of employment discrimination cases, and she has significant experience in all aspects of the practice of employment law. Ms. Everhart is a past President of the Florida Chapter of the National Employment Lawyers Association and served as Vice President of Programming.Close
John K. Rubiner
Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow
Mr. Rubiner regularly represents employers facing claims and threats from current or former employees. These... | Read More
Mr. Rubiner regularly represents employers facing claims and threats from current or former employees. These claims include discrimination, harassment, wage and hour, and class actions. Additionally, when former employees steal trade secrets or new hires potentially bring competitors’ trade secrets, he advises employers on how to best deal with these threats. Mr. Rubiner is a former Assistant U.S. Attorney in the Central District of California Office and is a frequent author and lecturer on employment litigation topics.Close