News & Analysis as of

Litigation Hold Evidence

EDRM - Electronic Discovery Reference Model

4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case

In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court...more

Mitratech Holdings, Inc

[Webinar] Legal Hold in Action: Real-World Tips and Best Practices - January 25th, 9:00 am - 10:00 am PST

Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more

Association of Certified E-Discovery...

TechnoCat Tidbits: What Triggers Litigation Hold?

Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more

Association of Certified E-Discovery...

Technocat Tidbits: What is Litigation Hold?

Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...more

Nextpoint, Inc.

Don’t Let Self-Collection Spiral Into Self-Destruction: The Potential Pitfalls and Risks When Clients Collect their Own Data

Nextpoint, Inc. on

Read these ediscovery collection best practices to learn why self-collection – or allowing clients to collect their own data – is dangerous. Picture this: it’s 1988 and you’re at your desk, poring over a veritable...more

Onna Technologies, Inc.

What is a legal hold?

While most legal professionals are familiar with legal holds, that doesn’t mean they look forward to receiving one. While properly executing a legal hold doesn’t have to be complicated, compliance requires careful planning...more

Association of Certified E-Discovery...

[Webinar] Legal Hold Notifications: Revisited - October 20th, 1:00 pm - 2:00 pm EDT

There are myriad reasons you may struggle to get the most from your legal hold process—lack of clarity around hold language, follow-ups that fall through the cracks, or low custodian compliance are common challenges for even...more

Reveal

Legal Hold Should Be Easy by Now. So, Why Do We Still See So Many Failures to Execute It?

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Over the years, the most common type of eDiscovery case law rulings I’ve covered involved sanctions requests for spoliation of electronically stored information (ESI). It’s a common issue for organizations – whether the...more

Reveal

7 Things to Look for When Selecting Legal Hold Software

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Corporate counsel often shoulder the burden of managing the entire Legal Hold process for their organization. That means on top of everything else, they must issue, execute and ensure compliance with required legal holds...more

Association of Certified E-Discovery...

[Webinar] Best Practices for Building a Preservations Playbook - March 15th, 1:00 pm - 2:00 pm EDT

Wish there was a blueprint for a defensible legal hold process? A preservation playbook is a great place to start! The duty to preserve doesn’t necessarily call for a defined preservation plan, but this one simple action...more

Reveal

2021 eDiscovery Case Law Wrap-Up

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To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more

Reveal

Why Legal Hold Technology Is More Than “Just Sending a Few Emails”

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When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...more

Association of Certified E-Discovery...

[Webinar] Legal Hold: The Power of In-Place Preservation & Collection - December 9th, 1:00 pm - 2:00 pm EST

The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more

Reveal

[Webinar] Legal Hold: The Power of In-Place Preservation & Collection - December 2nd, 1:00 pm - 2:00 pm EST

Reveal on

The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more

Oberheiden P.C.

10 Steps to Take if You Receive a Federal Grand Jury Subpoena - and 5 to Avoid

Oberheiden P.C. on

Receiving a federal grand jury subpoena is a serious matter. Whether you are the target of a federal investigation or prosecutors believe you have information they can use to pursue charges against another person or company,...more

Reveal

[Webinar] The Future of Legal Hold: Everything Legal Counsel Needs To Know - May 27th, 1:00 pm - 2:00 pm EDT

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Legal holds arise from the duty to preserve information for pending or reasonably anticipated litigation. Once litigation is contemplated, organizations have a legal obligation to prevent deletion and preserve potentially...more

Reveal

Want to Avoid eDiscovery Pitfalls? Get Your Process in Order!

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It’s almost a pop-culture cliche: someone is facing challenges and not getting immediate results, to which a more experienced person says, “Trust the process.” But often lurking deep in the origin of a cliche is a kernel...more

Bailey & Glasser, LLP

Strong Litigation Strategy Requires Updated Policies for Remote Workers

Bailey & Glasser, LLP on

Instant messaging apps and online workspaces offer collaboration and production capabilities for teams dispersed by COVID-19, but they also pose a danger to companies operating in reasonable anticipation of litigation, with...more

Association of Certified E-Discovery...

[Webinar] Top 5 Tips to Improve Your Custodian Compliance by 70% or More! - December 9th, 1:00 pm - 2:00 pm EST

What makes a great legal hold notification? We all know that legal holds are essential for ensuring evidence is preserved. But how do you get custodians to acknowledge legal holds the first time, not the tenth? And what would...more

Association of Certified E-Discovery...

[Webinar] Ask the Experts: Year-End Q&A with BIA - December 8th, 1:00 pm - 2:00 pm EST

2020 has been a year of significant change and adjustment, to say the least: the changes that the WFH era has inflicted on data management; the uptick in litigation across the board; layoffs, budget cuts, and the need to do...more

Stokes Wagner

Preservation of Evidence

Stokes Wagner on

2020 forced millions of employers to adapt their business models to allow employees to work from home and it looks as if this trend will continue indefinitely for many employers. With this in mind, employers should be aware...more

Dentons

How to Avoid Spoliation of Evidence Allegations

Dentons on

A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

Hanzo

Spoliation Is Spooky! Preserving Collaboration Content Can Help You Avoid These Scary Scenarios

Hanzo on

Lawyers are accustomed to slow, gradual changes that unfold over months, years, or even decades. Since our legal system depends on court precedents and democratic mechanisms for regulatory and legislative change, we typically...more

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