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 video webinar with Q&A
This CLE course will guide employment litigators in implementing litigation holds in collective, class, and individual lawsuits. The panel will discuss best practices for creating a litigation readiness and document preservation plan to avoid potentially costly spoliation allegations and sanctions under FRCP Rule 37(e).
- Preservation triggers and implementing hold notices
- Elements of 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 law 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 if there is a finding of spoliation?
- How are the amendments to Rule 37 and Rule 26 impacting litigation holds?
Ayse Kent, Esq.
AK Employment Law Office
Ms. Kuzucuoglu represents employers in state and federal court litigation with emphasis on employment class actions and... | Read More
Ms. Kuzucuoglu represents employers in state and federal court litigation with emphasis on employment class actions and single-plaintiff cases involving discrimination, harassment, retaliation and wrongful-termination claims. Ms. Kuzucuoglu has extensive experience counseling employers on a wide array of labor and employment related matters, including wage and hour compliance, employee hiring and terminations, discipline, unemployment compensation and workplace policies tailored to prevent litigation.Close
Matthew T. Scully
Burr & Forman
Mr. Scully has considerable experience litigating and advising clients concerning all aspects of employment law,... | Read More
Mr. Scully has considerable experience litigating and advising clients concerning all aspects of employment law, including workplace investigations, disciplinary actions, employment policies, and managing leave. He has experience working with clients in various industries and with small, medium and large sized employers, including Fortune 500 companies. Mr. Scully is a frequent presenter on a number of human resource matters, including developments under the National Labor Relations Act and Title VII.Close