litigation hold overview tom o’connor gulf coast legal technology center
TRANSCRIPT
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