Litigation Hold

News & Analysis as of

Litigation Holds and Spoliation Issues

When the need arises, a litigation hold should be implemented quickly and effectively to avoid the inadvertent destruction or overwriting of potentially responsive data. The time to implement a litigation hold may be when it...more

Friday Funnies: Exterro's E-Discovery and IG Comics and Memes Page

We here at Exterro love E-Discovery! But it helps to have a sense of humor. That's why we created our E-Discovery and Information Governance Memes and Cartoons Series. And now you can go back and relive the magic...more

Tracking and Releasing Litigation Holds

Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep...more

10 Tips for Litigation Hold Plans

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Court States that Plaintiffs’ Overly Broad Requests Do Not Justify Defendants’ Failure to Issue Litigation Hold (New York)

Stinson v. City of New York, 2016 WL 54684 (S.D.N.Y. Jan. 5, 2016) - In this civil rights lawsuit, the court found the city-defendants to be grossly negligent in issuing and executing its litigation hold for the...more

Don’t Forget That Litigation Hold!

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

10 Essentials for a Well-Drafted Litigation Hold Notice

This post is the second in a our Legal Hold Practical Advice Series. You just learned that your company was (or probably will be) sued. How should you go about informing key employees to preserve evidence?...more

Practical Tips for Litigation Holds

Can you identify events that trigger a requirement to implement at a legal hold at your company? You may be aware of the recent horror stories involving companies that failed to implement a timely hold, failed to preserve...more

E-Discovery and Information Management: New Federal Rules Provide Welcome Relief to Businesses Facing Electronic Document...

A recent amendment to Federal Rule of Civil Procedure 37(e) abrogates a series of federal court decisions that imposed harsh "adverse inference" sanctions on litigants that failed to initiate litigation holds to preserve...more

Three Things Every Employer Should Know About E-Discovery

E-discovery. If this word strikes terror into your heart, you are not alone. Already a formidable task, discovery became exponentially more onerous with the advent of modern technology. Instead of just looking through a file...more

Taking Advantage of New Safe Harbor Against Discovery Sanctions

As your company wrestles with how to manage the virtual mountains of electronically stored information (ESI) that are created in today’s workplace, you may continue to wonder what steps to take to preserve information when...more

Discovery Obligations – Preservation

The existence of litigation or an administrative investigation creates unique obligations for a party with respect to its documents, both paper and electronic. The term “document” includes virtually any form of recorded...more

Good Ol’ Tin Lizzie: The Automation and Streamlining of the E-Discovery Process

Early December must have been a good season for Henry Ford: on December 1st, 1913, the world’s first moving automotive assembly line started rolling at his Hyland Park factory, and just two years later on December 10th, 1915,...more

Calling the "Hotline": Witness Ordered to Answer "Who" and "When" Deposition Questions Regarding Litigation Hold Memorandum

On November 17, 2015, during a deposition of a fact witness, counsel for the plaintiff, Ericsson Inc. ("Ericsson"), attempted to question the witness regarding a litigation hold memorandum (the "memo"). Counsel for the...more

A Veritable Feast: E-Discovery Tools and Resources for the Holiday Season

Thanksgiving is a time of reflection, for looking back on the challenges of the previous year and recognizing all those who supported us through them. It’s also a time of preparedness. Yes, most people see Thanksgiving as the...more

Preparing for the Inevitable: Legal Holds

Litigation is an unfortunate inevitability in the long term care industry. How well your company weathers that storm often depends on your preparation, and one of the most vital parts of your litigation response plan is your...more

No Matter Where You Go, There You Are: How Employee Movements Cause Major E-Discovery Risk

We lose things. Keys, phones, remotes. When I was a kid, if I told my mom that I couldn’t find something, she’d reply, “If I go in your room and find it, you’ll be in big trouble,” so I’d rush back in and look everywhere...more

Recent W.D. Pa. Opinion Illustrates the Difficulties in Obtaining Spoliation Sanctions

A recent decision from the United States District Court for the Western District of Pennsylvania reiterated just how difficult it is for a party to obtain spoliation sanctions. In Flanders v. Dzugan, No 12-1481, 2015 WL...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

$800K Settlement Illustrates Unique Issues Raised In Title IX Litigation

Student-on-student sex-assault cases have recently taken center stage in the higher education arena. The last two months have seen legal developments in this area which aptly illustrate the seemingly Sisyphean task facing...more

Great E-Discovery Teams Include These 5 Roles

If I could give one piece of advice regarding e-discovery processes, cultivate a cross-functional team among Legal, IT e-Discovery and IT Forensics. These relationships are critical to your success and will ultimately make up...more

Take Steps Now to Prepare for eDiscovery to Save Money Later

eDiscovery lawyers like to say that a company’s first significant ediscovery matter will be their most expensive one. That’s because most companies don’t take the proactive steps that can minimize their exposure to ediscovery...more

ESI Discovery Best Practices, Part 6 – Now comes the bad news … potential consequences for inadequate preservation of ESI.

Over the past year, I have blogged about ESI rules and best practices for identification, preservation and collection of ESI. In this blog I want to focus on the potential consequences for inadequate efforts in any of these...more

Proper Litigation Hold Results in Denial of Sanctions (Oregon)

Grove City Veterinary Serv., LLC v. Charter Prac. Int'l, LLC, 2015 WL 4937393 (D. Or. Aug. 18, 2015) - In this breach of contract case, the plaintiffs filed a motion for sanctions in which they alleged that the defendant...more

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