In this article, Deborah A. Johnson discusses the elements of a defensible legal hold business process. As repeated in various locations of www.legalholds.typepad.com "simply notifying custodians of a duty to preserve is not sufficient proof that a company has engaged in a defensible preservation effort." Ms. Johnson discusses the "why" behind a defensible legal hold business process, including the following tips:
- Make It Policy
- Consider What Is Reasonable
- Don't Leave It To Employees
- Know Where The Data Lives
- Work With HR and IT
- Stop Automatic Document Destruction
- Understand The Technology
- Document Everything
- Don't Rely on a Safe Harbor
- Review and Repeat
Ms. Johnson is a contributing author to The Sedona Principles: Best Practice recommendations and Principles for Addressing Electronic Document Review and Production. We thank her for contributing a copy of her article which is available to download by clicking here: Download Defensible Legal Hold Process Beyond Notifications (Feb. 2008).
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