Whose Hold Is It Anyway? Potential New Roles For Law Firms In Litigation Holds

By Joshua P. Rosenberg

The revision of the Federal Rules of Civil Procedure in December 2006 focused on the rapidly evolving practice of electronic discovery and attempted to deal head-on with the complex issues arising from the production of electronically stored information for cases being litigated in the federal courts. While the rules should present an opportunity for real partnership between law firms and their clients, they are potentially creating more tension in this delicate relationship - corporate legal departments are looking to make the minimal investments possible to minimize risk while law firms recognize any new partnership that translates into an emerging business opportunity. 

With recent precedents in case law related to holds management that includes severe penalties for non-compliance, many in-house legal executives face a dilemma. They are uncertain whether to outsource all or part of their holds management activities to their law firms or maintain ownership for what they view as a corporate responsibility.

This white paper by Joshua P. Rosenberg, director of strategic planning for Litigation Tools & Professional Services at LexisNexis, details current practices as relates to the management and implementation of litigation holds, analyzes the forces driving the litigation holds tension between in-house counsel and their outside law firms, and suggests important lessons learned that foreshadow where we may be headed as an industry. Click here to download the white paper.