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Litigation Hold Overview Tom O’Connor Gulf Coast Legal Technology Center www.gulfltc.org

Litigation Hold Overview Tom O’Connor Gulf Coast Legal Technology Center www.gulfltc.org. TOPICS. LANDSCAPE. Processing. Preservation. Records Management. Identification. Review. Production. Presentation. Collection. Analysis. VOLUME. RELEVANCE.

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Litigation Hold Overview Tom O’Connor Gulf Coast Legal Technology Center www.gulfltc.org

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  1. Litigation Hold OverviewTom O’Connor Gulf Coast Legal Technology Center www.gulfltc.org

  2. TOPICS

  3. LANDSCAPE Processing Preservation Records Management Identification Review Production Presentation Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model www.edrm.net

  4. OBJECTIONS

  5. OBJECTIONS • Already Do It • How • Who? • When? • Doesn’t Apply to Me • Why? • Cost

  6. What IS a Litigation Hold?

  7. 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

  8. Document Management Technology Convergence Corporate Documents (until ~2002) Compliance Records Management Discovery (paper based) Outside Counsel

  9. Document Management Technology Convergence Corporate Documents (circa 2002 to present) Compliance Records Management Outside Counsel Discovery (mixed paper/edata)

  10. Document Management Technology Convergence Corporate Documents (2008 and beyond) Compliance Records Management Outside Counsel Discovery (mostly edata)

  11. 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?

  12. 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?

  13. 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

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