This is a Legal Hold – The Law

Without question, one of the most egregious mistakes that counsel may make is not properly implementing a legal hold once litigation is reasonably anticipated. Regardless if it is an employment matter, personal injury case, domestic relations matter, business dispute, or a class action counsel is required to follow specific court directives when implementing a hold, or otherwise face possible court and ethical sanctions.

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Join us for this program on legal holds and learn about recent case law, strategic guidance, recommendations and practice forms for legal professionals, outside and corporate counsel, organizations, and others in preparing for and implementing a “legal hold.” The program’s agenda will include:,,

· Overview of Legal Hold and Electronic Discovery

· Legal Hold Readiness Plan

· The Preservation Obligation Law

· "Reasonable anticipation" of litigation – how do the Courts interpret “ reasonable do”?

· Triggering events – what are pre-complaint events for both the plaintiff and defendant that trigger a party’s obligation to preserve ESI and should a litigation hold letter be sent?

· Document Retention Policy – should your policies be enforced if you are anticipating bringing a lawsuit?

· Safe Harbor provision – does FRCP 37(e) and comparable state rules provide protection for the destruction of ESI?

· Legal Hold Court Directives – what are the court directives when implementing a legal hold and how does self-preservation and self-collection fit?

· Legal Hold notices – should they be used and are they discoverable?

· ESI to Preserve – what ESI should be preserved and how is social media affecting data preservation protocols?

· Sanctions – under what circumstances will sanctions issue for failing to preserve ESI?Join us for this ongoing eDiscovery series identifying and offering solutions to eDiscovery Challenges in your practice and organization

This is the first of a three-part Webinar series focusing on the law, technological tools and protocol to successfully implement a legal hold.

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