Summary
As eDiscovery expands to include social media, mobile apps, collaboration tools, and more, understanding and conducting effective legal holds is more critical than ever. Done properly, legal holds set the stage for efficient and accurate matter management. Conducted without direction, legal holds can become a minefield for litigants
From not covering the right materials, to not covering the right people, to not monitoring to ensure ongoing compliance, there are many ways for legal holds to create issues for litigants, particularly with regard to the spoliation that can follow an ineffective or nonexistent legal hold and the question of whether reasonable efforts to preserve were taken.
In this Practice Guide
- The duty of preservation and its scope
- Essential elements of an effective legal hold
- Processes and policies for effective execution
Key Insights
- The importance of compliance monitoring
- The value of recipient confirmations
- The endless evolution of new sources
Practice Guide Download
About the Author
From the author
Gone Viral: Social Media in eDiscovery
In 2015, the first explicit reference to social media appeared in the FRCP. Since then, many new cases involving social media evidence have appeared each year, and the vast majority of law firms have handled at least some cases involving such evidence.
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Managing eDiscovery matters without a plan is like trying to navigate a major city without directions – chaotic, inefficient, and unlikely to get you where you wanted to go. Taking the time to scope and plan will help you understand where you need to go and how best to get there.