Are Written Litigation Holds Required to Avoid Sanctions in Federal Court? is a 90 minute webcast by litigation hold expert John Jablonski (author of this blog and 7 Steps for Legal Holds of ESI and Other Documents) along with James Lehman (former chair of DRI's E-Discovery Committee). This is an indepth analysis of the current state of litigation hold law in the United States by attorneys for anyone involved in the litigation hold business process. Sure you can read Pension Committee and Rimkus on your own (all 228 pages!), but these lawyers will provide practical tips from the court room and IT preservation trenches. The live webcast was held on April 14, 2010. We will update this post with a link to purchase the recorded version, as soon as we receive it.
As readers of this blog know, preservation of electronically stored information is a critical issue. Litigation holds have been the linchpin of some of the most recent headline grabbing e-discovery cases. Two recent opinions by influential judges already famous for their contributions to e-discovery have altered the e-discovery landscape. This webcast will explain how some federal judges have required written litigation holds in the preservation of ESI. Judge Shira A. Scheindlin revisited her seminal Zubulake opinions to sanction minor litigation hold failures in Pension Committee v. Bank of America Securities (S.D.N.Y. 2010). Her opinion surveys litigation hold law since 2003 and finds that minimal preservation failures can lead to severe sanctions. Judge Lee Rosenthal performed a similar analysis, but concluded that “bad faith” is necessary for severe sanctions in Rimkus Consulting Group, Inc. v. Cammarata (S.D. Tex. 2010). Judge Rosenthal, chair of the Federal Civil Rules Advisory Committee, issued an important check on Pension Committee’s applicability, reminding us that in most of the country, severe spoliation sanctions require “bad faith.” This webcast will provide insights about the implications of these two very important recent opinions, including how to meet the litigation hold standards discussed by both of these influential judges.
Click here to purchase a copy of the recorded webcast: [link will be posted as soon as it is available.]
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