Post on 17-Dec-2015
Litigation Hold OverviewTom O’ConnorGulf Coast Legal Technology Centerwww.gulfltc.org
TOPICS
Records Management Identification
Preservation
Collection
Processing
Review
Analysis
Production Presentation
Electronic Discovery Reference Model
www.edrm.net
VOLUME RELEVANCE
LANDSCAPE
OBJECTIONS
• Already Do It• How• Who?• When?
• Doesn’t Apply to Me• Why?
• Cost
OBJECTIONS
What IS a Litigation Hold?
PARADIGM SHIFT• When faced with anticipated or pending litigation or government
investigation matters, corporations have a obligation to preserve potentially relevant evidence
• Preservation requires preventing willful or inadvertent destruction or alteration (spoliation)
• Records and information management is a key component, especially where it can be used to suspend document destruction BUT
• The duty to preserve goes beyond documents under “records management” to wherever and in whatever format the potentially relevant evidence resides
Document Management Technology Convergence
Corporate Documents (until ~2002)
ComplianceRecords Management
Discovery (paper based)
Outside Counsel
Corporate Documents (circa 2002 to present)
ComplianceRecords Management
Discovery (mixed paper/edata)
Document Management Technology Convergence
Outside Counsel
Corporate Documents (2008 and beyond)
Compliance
Records Management
Discovery (mostly edata)
Document Management Technology Convergence
Outside Counsel
TRIGGER EVENT• SALES POINTS:
• What are emerging procedures in issuing legal hold notifications?
• Who is typically responsible for managing the notifications?
• How do you determine the scope of the preservation?
SENT NOTIFICATION• SALES POINTS:
• How do I provide and document hold oversight?
• Preservation approaches• What is an ESI Map, and how is it effective?• Social media considerations (Facebook, et al)• What about Cloud Computing?
TAKE AWAYS • The Consulting Service Play– Lit Hold is a PROCESS– Educate Your Client On Their
Preservation and Discovery Duties – Project Management is Critical
• ESI is Treated Differently– Understand the Distinctive Characteristics of ESI– Become Familiar With ESI Storage
Systems– Learn About Records Management
Programs and Policies