LegalHoldPro just posted an unofficial transcript of a panel discussion at the Georgetown Law Center's Advanced E-Discovery Intitute with Judges Scheindlin, Rosenthal, Facciola, Rosenbaum, Nolan and Peck. The panel was moderated by Ken Withers of the Sedona Conference. Here is the notable quote about issuing written litigation holds:
...I know that a lot of the world is unhappy with me about this litigation hold issue, but I never understood what the big problem is. Write it up, protect yourself, it’s credible, you can defend it, and still… I’m not going to back off! I would go all over the country saying, “Why not issue a written litigation hold?” Spell out for your company what they have to do. Instead of fighting with me about it – just do it. Just do it. You will have a defensible process and people will have guidance about what they have to hold on to.
Judge Scheindlin (11-18-10)