Litigation Specialty Group Meeting-Art of the Litigation Hold

The Art of the Litigation Hold

Most lawyers know that relevant evidence must be preserved for litigation, but surprisingly few have implemented an effective litigation hold process. Without a workable approach to litigation holds, the entire discovery process is subject to collapse, leaving organizations vulnerable to data loss and court sanctions. Indeed, splashed across the legal headlines on a frequent basis are tales of companies that failed to deploy an operative hold and thereby preserve relevant data. To reverse this trend, lawyers must spearhead among their clients and within their firms the development of a defensible hold process. Topics covered include:

• The basic requirements for establishing a defensible litigation hold process
• The state of the law on litigation holds in 2017, including the judiciary’s expectation for how litigants should preserve new and dynamic sources of relevant information
• Tips for successfully satisfying the duty to preserve relevant information