What Causes Lawyers to Over-Preserve?
Craig Ball, Law Technology News
It’s hard to persuade attorneys to accept leaner, less costly preservation protocols. Irrational fear of sanctions and spotty familiarity with information technology have so conditioned lawyers to over-preserve that when advised there’s no need to keep something, they reply, “Let’s keep it anyway — just to be safe.” (read the article)
Technology: The who, what, where, when and why of crafting litigation hold notices Protecting discoverable data is one of the first steps counsel should take when their company is sued
Barry Shelton, InsideCounsel
This column presents practical, prudent actions to take upon learning the company is a defendant in state or federal court.
One of the first steps that in-house counsel should take upon learning of an action filed or threatened against the company is issuing a litigation hold, or preservation, notice. This is a written instruction to individuals and/or departments that are custodians, or potential custodians, of data in any form that might be relevant or responsive to discovery requests in the suit. (read the post)
Labor: Hold everything! How to know if you need a litigation hold notice
It might be sooner than you think.
Sara Ackermann, InsideCounsel
Recently, courts have served monetary sanctions ranging from $25,000 to $1 million to companies that failed to prevent the destruction of electronic evidence. These sanction amounts reveal that the failure to implement a litigation hold and preserve evidence when required can have serious consequences for your business. (read the article)