Litigation Holds

New Guidelines For Managing Legal Holds: A Primer on the Law, the Guidelines and Best Practices


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Fourteen years ago, Judge Shira Scheindlin announced in Zubulake v. UBS Warburg that companies have a duty to preserve relevant data from the time they reasonably anticipate that a claim will be made.

Since then, legal departments have struggled with managing legal holds and preserving evidence from hundreds or thousands of custodians over time spans that could last for years. A poorly executed hold can result in business disruption, unnecessary costs and spoliation.

The Sedona Conference recently released the Second Edition of its Guidelines for Legal Holds for public comment. John Tredennick, one of our speakers and a drafting team leader on the project, will speak about the Guidelines and evolving law on legal hold obligations. He will be joined by a panel of experts to provide guidance on:

1. The evolving law of legal hold and preservation obligations;

2. How to effectively manage legal holds across multiple custodians;

3. Consequences for failing to meet legal hold obligations; and

4. Dealing with international employees subject to legal holds.

This webinar will update you on the new guidelines and provide practical guidance on managing legal holds into the next decade. Registrants will receive links to the new guidelines, The Sedona Conference Commentary on Legal Holds, Second Edition: The Trigger & The Process (Dec. 2018), and Catalyst’s Legal Hold Handbook.

Jennifer S. Coleman, Associate, Hopkins Carley

Jennifer is a trial lawyer and member of Hopkins & Carley’s Intellectual Property Practice. She represents clients in complex litigation cases, including patent, copyright, trademark and trade secret litigation. Jen also has significant experience with federal and state court e-discovery issues and has received an LPM LaunchPad™ Certificate in Fundamentals of Legal Project Management. She is a member of The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) and Trade Secrets (WG12) and is an Adjunct Professor at Golden Gate University School of Law, teaching e-discovery.

TracyAnn Eggen, E-Discovery Specialist, Dignity Health

TracyAnn has more than 20 years of legal experience, principally in intellectual property litigation. She leads Dignity Health's Enterprise Defensible Information Governance Team and Center of Excellence for Legal Discovery and Investigations. A technically savvy leader with a data-driven approach, she has championed the management of day-to-day operations at Dignity Health. Her role spans the entire EDRM from legal holds, preservation, collections, data and linguistic analytics, investigations and e-discovery solutions enterprise-wide. She also serves as the liaison with in-house and outside counsel, review workflows, e-discovery vendor management and training on e-discovery tools. TracyAnn recently led the implementation of legal hold and collection software for Dignity Health.

John Tredennick, Founder, Catalyst

John is the founder of Catalyst Repository Systems, which designs, builds and runs the world's fastest and most powerful software platform for complex e-discovery, regulatory investigations and compliance. A former trial lawyer and litigation partner with a large national law firm (20+ years), John has written or edited five books and countless articles on litigation and technology issues and has spoken before legal-technology audiences in five continents. Recently, The American Lawyer named him one of the top six e-discovery trailblazers in its issue on the “Top 50 Big Law Innovators of the Last 50 Years.”