Description
Discovery rules change, court interpretations and holdings change as well. This means well-settled discovery practices like legal holds and preservation measures must be periodically examined and improved to ensure parties are meeting their obligations. Failing to do this threatens litigation success, increases the risk of sanctions and judicial scorn, and can mar an otherwise stellar legal practice reputation. Avoid these risks by registering for this concise but comprehensive video program covering legal hold considerations and best practices so that you can avoid the most common hold hazards!
This course provides an overview of the common law duty to preserve evidence and the process of developing and implementing a legal hold. The presenters will share tips for recognizing and complying with the duty to preserve and explore the consequences of failing to preserve information that is relevant in a lawsuit or investigation.
The Duty to Preserve
> Overview of the common law duty to preserve evidence
> When does the duty to preserve attach?
- Triggers of the duty to preserve
- Good faith and reasonableness standard
- Factors courts may consider when determining whether a party was obligated to preserve evidence
> What should be preserved?
- Determining what information is subject to the duty
- Proportionality and Federal Civil Rule 26
The Legal Hold Process
- What is a legal hold?
- When should a legal hold be issued?
- How is a legal hold implemented?
- The role of counsel
- Spoliation: The consequence of non-compliance