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Consilio Advanced Learning Institute

Practice Guide: Hold On: Get a Grip on Conducting Effective Legal Holds

Written by Annie Malloy

Updated: Jan 22, 2024

Authors

Matthew Verga, Esq.

Director of Education

About Author

Matthew Verga is an attorney, consultant, and eDiscovery expert proficient at leveraging his legal experience, his technical knowledge, and his communication skills to make complex eDiscovery topics accessible to diverse audiences. A fifteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level, from the project trenches to enterprise program design. As Director of Education for Consilio, he leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

More from the author

Summary

As eDiscovery expands to include social media, mobile apps, collaboration tools, and more, understanding and conducting effective legal holds is more critical than ever. Done properly, legal holds set the stage for efficient and accurate matter management. Conducted without direction, legal holds can become a minefield for litigants

From not covering the right materials, to not covering the right people, to not monitoring to ensure ongoing compliance, there are many ways for legal holds to create issues for litigants, particularly with regard to the spoliation that can follow an ineffective or nonexistent legal hold and the question of whether reasonable efforts to preserve were taken.

In this Practice Guide

  • The duty of preservation and its scope
  • Essential elements of an effective legal hold
  • Processes and policies for effective execution

Key Insights

  • The importance of compliance monitoring
  • The value of recipient confirmations
  • The endless evolution of new sources

Summary

As eDiscovery expands to include social media, mobile apps, collaboration tools, and more, understanding and conducting effective legal holds is more critical than ever. Done properly, legal holds set the stage for efficient and accurate matter management. Conducted without direction, legal holds can become a minefield for litigants

From not covering the right materials, to not covering the right people, to not monitoring to ensure ongoing compliance, there are many ways for legal holds to create issues for litigants, particularly with regard to the spoliation that can follow an ineffective or nonexistent legal hold and the question of whether reasonable efforts to preserve were taken.

In this Practice Guide

  • The duty of preservation and its scope
  • Essential elements of an effective legal hold
  • Processes and policies for effective execution

Key Insights

  • The importance of compliance monitoring
  • The value of recipient confirmations
  • The endless evolution of new sources

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