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