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Archive for February 24th, 2010

Implementing a Litigation Hold

Posted by rjbiii on February 24, 2010

Law.com has posted an article discussing trigger events and implementing litigation holds. This is the first of 7 parts on the subject. From the article:

As articulated by Judge Scheindlin in Pension Committee v. Banc of America, courts definitely do not want to wade through stacks of motions papers and days of hearings to determine if preservation efforts were sufficient to prevent the destruction of ESI and other documents. As a result, it is imperative for an organization to have in place a litigation hold policy and adequate procedures necessary to avoid going down the litigation “detour” of discovery sanctions motions.

The goal, on the other hand, is not perfection but rather development of a systematic approach to implementing litigation holds within your organization. Systematic, means repeatable and methodical. The idea is to build credibility. The purpose is to demonstrate reasonable efforts conducted in good faith, to search for ESI containing the truth and preserving it. While no system is foolproof, we developed the “Seven Steps” to help meet the litigation hold duties enumerated in recent litigation hold cases.

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