Litigation Hold Overview Tom O’Connor Gulf Coast Legal Technology Center

TOPICS

Records Management Identification Preservation Collection Processing Review Analysis ProductionPresentation Electronic Discovery Reference Model VOLUMERELEVANCE 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) Compliance Records Management Discovery (paper based) Outside Counsel

Corporate Documents (circa 2002 to present) Compliance Records 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