Legal Hold Pro
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]
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Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]
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March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]
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Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]
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Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]
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February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]
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New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]
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January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]
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Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]
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2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]
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Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]
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New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]
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October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]
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Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]
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Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]
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PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]
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August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]
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Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]
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July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]
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Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]
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eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]
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Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]
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New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]
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Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]
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May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]
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Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]
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New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]
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Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]
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April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]
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Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]
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Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]
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March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]
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Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]
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February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]
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New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]
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LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]
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Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]
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Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]
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Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]
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January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]
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2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]
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Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]
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NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]
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November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]
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October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]
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New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]
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Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]
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August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]
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Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]
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Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]
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The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]
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July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]
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Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]
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DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]
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June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]
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Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]
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April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]
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Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]
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March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]
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“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]
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February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]
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January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]
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2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]
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November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]
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October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]
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September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]
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The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]
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Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]
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August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]
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Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]
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Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]
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‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]
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July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]
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June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]
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Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]
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May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]
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The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]
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April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]
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TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]
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February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]
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“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]
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2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]
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Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]
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Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]
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Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]
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January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]
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FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]
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“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]
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2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]
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Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]
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August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]
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2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
2013
April
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
March
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S. District Judge Cindy K. Jorgenson goes into great detail about the facts of the defendants’ preservation efforts […]... continue reading
Adverse Inference Sanction Issued in N.J. Case Involving Spoliation of Facebook Data Is a Lesson on Social Media Disposition
An opinion from March in a personal injury case involving the deletion of a Facebook account is a good lesson for e-discovery professionals about the vulnerability of social media to irretrievable loss. U.S. Magistrate Steven Mannion ordered an adverse inference instruction to the jury after the plaintiff in Gatto v. United Air Lines was determined […]... continue reading
Federal Circuit Overturns Adverse Inference Sanction for Spoliation in Adams. v. Dell
[Correction — This article has been corrected to show that the ruling was from the Federal Circuit, not the Tenth Circuit as originally reported. - Ed.] The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp. has been an ongoing saga with actions dating back to the 1990s. In recent […]... continue reading
Two EEOC Discrimination Cases Lead to Serious Sanctions for ‘Inexcusable’ and ‘Careless’ Failures to Issue Litigation Holds Resulting in Spoliation
If you believe in coincidences, there was a significant one that occurred in February. Two Federal discrimination cases, EEOC v. JP Morgan Chase in the Southern District of Ohio (Sixth Circuit) and EEOC v. Ventura Corp. from the District of Puerto Rico (First Circuit), had rulings against defendants which were sanctioned for failing to preserve […]... continue reading
Colorado Court Finds Negligence In the Case of the Missing Text Messages
Club owners and DJs going into business together may sound like a bad idea, and that notion was borne out in a recent Colorado case that involved an iPhone with text messages that had gone missing. District Judge R. Brooke Jackson issued a wide-ranging opinion in late January responding to seven motions; for the sake […]... continue reading
February
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
January
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
A new national survey of corporate counsel released February 15 revealed that creating a culture of compliance is a top priority in 2013. The “Corporate Counsel Agenda 2013” survey published by ALM Legal Intelligence queried 126 GCs, Chief Legal Officers and deputy general counsels at companies with revenue ranging from more than $1 billion (43%), […]... continue reading
New York and Delaware State Courts Address Preservation in New E-Discovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery that directly address the needs of litigants to improve data preservation. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure. The Delaware Court of Chancery adopted on […]... continue reading
Gibson Dunn’s 2012 E-Discovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]... continue reading
Scope of Litigation Hold Extends to Independent Agents in New Jersey Ruling Resulting in Court Ordered Litigation Hold
An opinion out of the U.S. District of New Jersey weighed in on a gray area of data preservation when it ruled that “independent agents” were subject to the parent company’s preservation obligation and therefore required to receive a litigation hold. The case delved into issues pertaining to First American Insurance’s “possession, custody and control” […]... continue reading
2012
December
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
October
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published: ‘Legal Hold and Data Preservation Best Practices’ Provides Practical Tips from Experts on Preservation
Legal Hold and Data Preservation Best Practices is the most current and complete guide about preservation today. Developed in concert with some of the most respected names in electronic discovery and in-house practitioners, the Guide reflects a level of dialogue and depth of discussion on litigation holds and data preservation that is unprecedented. DOWNLOAD YOUR COMPLIMENTARY COPY […]... continue reading
Top 10 Preservation Opinions of 2012
The pace of sanction cases continued unabated during 2012. The interesting development is that during 2012 the opinions were issued much more broadly than in past years, with key cases from the Western states as well as state courts. An interesting new twist is that several courts issued sanctions for preservation failures even when ESI […]... continue reading
New Proposed Rule Changes Focus on Appropriate Sanctions for Spoliation
By Brad Harris On November 2, 2012, the Discovery Subcommittee reached consensus to forward a rule proposal to the Standing Committee, with a recommendation that it be published for public comment in August 2013. This effort stems from work first started by the E-Discovery Panel at the Duke Conference in May 2010, and included a […]... continue reading
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
By Brad Harris In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C. Torgerson’s opinion when the Court unequivocally overruled objections regarding spoliation sanctions due to an inadequate litigation hold process. Department of Justice lawyers were attempting to overturn Judge […]... continue reading
Scentsy v. B.R. Chase: Whiffs of Spoliation from Plaintiff in Idaho Case Causes Court to Take Action
By Brad Harris Earlier this month, Chief Judge B. Lynn Winmill (D.Idaho) issued a court order against Scentsy Inc., the plaintiff in a copyright infringement case between two scented candle makers, for failing to issue a litigation hold and inadequate retention policies. While the court determined that spoliation was unlikely, it took the matter seriously […]... continue reading
Hynix v. Rambus: Rambus’s $397M Judgment to Be Lowered Due to Revised Consideration of Trigger Event
In what feels like the never-ending story, a new chapter on the long-running patent infringement case between Hynix and Rambus opened with a ruling by U.S. District Judge Ronald M. Whyte (N.D. Cal.) on September 21, 2012. The court’s latest opinion, following nearly 7 years after the original trial, is likely to reduce dramatically the […]... continue reading
PREX12 Recap – The Four Overarching Themes That Emerged at the Conference on Preservation Excellence
The 2012 Conference on Preservation Excellence (PREX12) was held September 27-28 in Portland, Ore., and proved to be an event that raised the bar on data preservation. With more than 100 attendees, the level of dialogue and depth of discussion on litigation holds and data preservation was unprecedented. The goal of the conference and all […]... continue reading
August
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
July
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Conference on Preservation Excellence Adds Distinguished Judicial Panel
The 2012 Conference on Preservation Excellence announced today the addition of a judicial panel for a session called “The View from the Bench on Preservation.” The session will feature the following judges: Hon. Paul S. Grewal, U.S. Magistrate Judge, U.S. District for the Northern District of California and who recently wrote Apple, Inc. v. Samsung […]... continue reading
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]... continue reading
Conference on Preservation Excellence to Debut September 27-28, 2012 in Portland, Ore.
National e-discovery leaders and in-house practitioners gather for first conference to focus on legal preservation that will provide practical advice for reducing the burden of preservation The 2012 Conference on Preservation Excellence, the first conference focused exclusively on improving the legal preservation process, will be held September 27-28, 2012, in Portland, Oregon. The Conference’s goal […]... continue reading
Chin v. Port Authority: Second Circuit Seemingly Rejects Pension Committee’s Standard for Gross Negligence. But Really It Doesn’t.
By Brad Harris The latest noteworthy decision regarding spoliation sanctions stemming from preservation failures emerged out of the Second Circuit Court of Appeals on July 10, 2012. In Chin v. Port Authority of New York New Jersey, a counter-claim by plaintiff Howard Chin sought a spoliation sanction of an adverse inference instruction due to the […]... continue reading
eDiscovery Journal Looks at the Latest Trends in Legal Hold Management
E-Discovery Journal’s Mikki Tomlinson wrote about her recent experiences in overseeing a RFI process for a major corporate client. Her candor in “What’s Trending in Legal Hold Management?” from July 10 provides some timely insights into the current trends in legal hold technology based on the combination of an in-depth reviews of more than a […]... continue reading
Motion for Spoliation Sanctions Falters When Plaintiff’s Wishful Thinking Doesn’t Become Reality
Our friend Josh Gilliland at Bow Tie Law recently recounted a ruling that offered a new twist on the motion for spoliation sanctions. In Omogbehin v. Cino, 2012 U.S. App. LEXIS 12545, (3d Cir. N.J. June 20, 2012) out of U.S. Court of Appeals, Third Circuit, the Plaintiff appealed a District Court’s denial of a […]... continue reading
New Edition of Federal Judiciary Center Pocket Guide on E-Discovery Reflects Growing Focus on Preservation
The Federal Judiciary Center recently published the second edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges. This 48-page guide follows the first edition from 2007 and is a good measure of how preservation has evolved during the intervening five years. The fact that the Pocket Guide doubled in length owes to […]... continue reading
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
By Brad Harris A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law […]... continue reading
May
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
April
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
E-Discovery Leaders Describe Challenges of Getting Preservation and Legal Holds Right
An all-star panel from the e-discovery world gathered at the New York City Bar Association on May 17, 2012, to discuss the challenges faced in different roles when it comes to issuing legal holds and managing preservation. The event, “Four Perspectives on Preservation and Proportionality,” was organized by Legal Hold Pro and featured U.S. Magistrate […]... continue reading
Alabama Opinion Denies Motion for Spoliation Sanctions Due to Defendant’s ‘Good Faith’ Legal Hold Efforts
A recent opinion from the Middle District of Alabama (M.D. Ala.) demonstrates the importance of having a sound litigation hold process in place to avoid sanctions for failure to preserve electronic information. We first read about this case in A Spoliation Ace in the Hole which appears in Cozen O’Connor’s E-Discovery Law Review. In Danny […]... continue reading
New York State Supreme Court Dismisses Case Due to Spoliation from Ineffective Litigation Hold Process
In a legal malpractice case dating back to 2008, a Plaintiff had a $20 million claim dismissed outright due to ESI lost resulting from a legal hold that was completely ineffective. In 915 Broadway Associates, LLC, v. Paul, Hastings, Janofsky & Walker, LLP, 2012 NY Slip. Op. 50285U (N.Y. Sup. February 16, 2012), which we […]... continue reading
Zapproved Partners with Nuix to Launch Legal Hold Solution
Nuix, a worldwide provider of information management technologies, and Zapproved Inc., developers of Legal Hold Pro™, announced a technology partnership to introduce Nuix Legal Hold. Nuix Legal Hold is a cloud-based legal hold notification and compliance tracking system that works with Nuix collection and eDiscovery solutions. Nuix Legal Hold is built on Legal Hold Pro, […]... continue reading
Pouncil v. Branch Law Firm – A Reminder that Law Firms Need to Get With the Times on Issuing Legal Holds
LeClairRyan’s Dennis Kiker posted on April 23 about a new opinion from U.S. Magistrate Judge David Waxse that illustrates the importance for law firms to have their preservation efforts in order (just like their clients). In Pouncil v. Branch Law Firm (Case No. 10-1314-JTM-DJW, D. Kan. Mar. 7, 2012), the law firm was involved in […]... continue reading
Thin Guidance from JETWG on Preservation of Digital Evidence in Criminal Cases
To date almost every discussion surrounding preservation of electronic evidence has focused on civil cases, despite the routine use of digital evidence in criminal matters. The influential U.S. District Judge Shira A. Scheindlin and Jeffrey Rabkin published Criminal Law Catches Up: New ESI Guidelines Issued in the New York Law Journal which recaps the Recommendations for […]... continue reading
Research Alert: Our Four Big Takeaways from RAND Study That Zeroes In On Preservation as a Major Pain Point
By Brad Harris The RAND Institute for Civil Justice (ICJ) published an interesting study last week focusing on the costs of electronic discovery in civil litigation. The 131-page report Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery offers some great insights into the costs of discovery, and perhaps more importantly, the current […]... continue reading
March
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
February
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Event Alert: Legal Hold Pro Presents ‘Four Perspectives on Preservation and Proportionality’ in New York on May 17 with Distinguished Panel
Four Perspectives on Preservation and Proportionality: The Judge, The GC, Plaintiffs’ Counsel and Defense Counsel Date: Thursday, May 17 Time: 8:30 to 10:00 a.m. Location: New York City Bar Association Building, 42 W. 44th St., New York, NY Cost: Complimentary, but space is limited. Reservation required. CLE Credit: Pending for NY PROGRAM OVERVIEW Legal Hold Pro is […]... continue reading
Three Lessons from Perez v. Vezer Industrial: 1) Legal Holds Are Necessary Regardless of Org. Size; 2) Don’t Inflate Your Costs; and 3) Don’t Let Satan Drive
In late 2011, an opinion out of the Eastern District of California reaffirms that even if a company is small, size cannot be an excuse for failing to issue a litigation hold to preserve electronic data. The opinion by U.S. Magistrate Carolyn K. Delaney in Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. […]... continue reading
New York Appeals Court Upholds Zubulake Legal Hold Standard in Voom v. EchoStar Resulting in Adverse Inference Instruction
Voom HD Holdings LLC v. EchoStar Satellite LLC, 2012 NY Slip Op 00658 (January 31, 2012) A unanimous opinion out of a New York state appellate court in the Voom v. EchoStar is the first case at this level to explicitly uphold the standards set forth by U.S. District Judge Shira Scheindlin in Zubulake and […]... continue reading
New Study Points to Need for Change in How Government Agencies Manage E-Discovery
IE Discovery just published its 2011 Benchmarking Study of Electronic Discovery Practices for Government Agencies and it seems like “times they are a-changin,’” to quote the inimitable Bob Dylan. In-house legal teams at the Federal level are starting to feel the same pain as their counterparts about the rigors of preservation and electronic discovery. This […]... continue reading
LegalTech 2012: Don’t Take Your Eyes Off of the Preservation Ball (Or Four Reasons Why Predictive Coding Isn’t for Everyone)
Last week we celebrated the annual rite of passage that is LegalTech New York. By all accounts it was a successful year with record attendance, bustling Exhibit Halls and non-stop presentations. Leading up to the conference, Law Technology News wrote about the expected buzzwords which pointed to “predictive coding” (a.k.a. “technology assisted review”), “social discovery,” […]... continue reading
Legal Hold Pro Adds Collection Tracking Capability to Enhance Your Preservation Workflow
We have exciting news! Legal Hold Pro can now initiate and track collection tasks associated with a legal hold. After notifying custodians of a duty to preserve, a legal team often needs to take additional steps such as suspending auto-deletion in an email archive or triggering a data collection. With this new capability, Legal Hold […]... continue reading
Legal Hold Pro Introduces Law Firm Advantage Edition that Provides New Way to Collaborate with Clients on Preservation Efforts
Last week at LegalTech NY, we introduced a set of new features so law firms can work with clients to deploy the fastest growing legal hold notification and compliance tracking system. Since Legal Hold Pro is web-based, law firms can immediately utilize the tool with clients without the need to install, configure or maintain software. […]... continue reading
Zapproved Appoints Hon. Robert J. Cindrich (Ret.) to Board of Directors
We are proud to announce that our Board of Directors has voted to appoint Hon. Robert J. Cindrich (Ret.) to the Board. Cindrich served as a Federal judge in the U.S. District Court for Western Pennsylvania for 10 years and currently serves as Senior Advisor to the Office of the President at the University of […]... continue reading
January
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
2011
December
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Come See What’s New with Legal Hold Pro at LegalTech from Jan. 30 to Feb. 1
LegalTech is right around the corner with the show kicking off on Monday, January 30, and continuing through Wednesday, February 1, at the Hilton New York. Legal Hold Pro will be exhibiting and rolling out some exciting new enhancements to our industry leading legal hold management system. If you are planning to attend, come see […]... continue reading
Georgetown 2011 Recap: Three Takeaways on Preservation
We were honored once again to sponsor the Georgetown Law Center 8th Annual Advanced eDiscovery Institute which took place November 17-18 in Pentagon City, VA. This conference is an annual highlight because of the outstanding quality of the panels, which include many of the country’s most influential jurists. We were also pleased to have contributed […]... continue reading
Subsequent Briefs in Pippins v. KPMG Provide Further Insights into Dispute Over Hard Drive Preservation
By Brad Harris In our recently published white paper, Preservation and Proportionality, Ron Hedges and I solicited input from industry thought leaders on the current debate over the rising costs of data preservation and the call for proportionality through cooperation, court order or rule changes. A particularly relevant opinion was issued from the Southern District […]... continue reading
NACCO v. Lilly: Spoliation Sanctions in Tennessee Case Shows Ongoing Challenge of Preservation
By Brad Harris We just learned of another preservation case involving sanctions but what makes this one stand out is that the litigation started in 2011 – after Pension Committee, Rimkus, Victor Stanley II, and the other opinions showing the courts’ focus on preservation issues. This case out of the Western District of Tennessee, which […]... continue reading
November
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
October
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published! ‘Preservation and Proportionality’ Solicits Opinions on How to Handle Preservation in the Post-Pension Committee World
Today we are announcing the publication of “Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation,” a 36-page white paper that offers a comprehensive resource in the ongoing discussion around best practices for data preservation. “Preservation and Proportionality” is edited by our Brad Harris and Ron Hedges, a former United […]... continue reading
New S.D.N.Y. Ruling in Pippins v. KPMG Focuses on Proportionality in Preservation
By Brad Harris Pippins v KPMG, 2011 WL 4701849 (S.D.N.Y.) October 7, 2011 U.S. Magistrate Judge James L. Cott from the influential Southern District of New York (S.D.N.Y.) released an interesting opinion in early October that reflects on an emerging question: Should the principles of proportionality as articulated in FRCP Rule 26(b)(2)(c) apply to a […]... continue reading
New Jersey Company Found Grossly Negligent for Inadequate Legal Hold
N.V.E., Inc. v. Jesus J. Palmeroni, et al., Civil Action No. 06-5455 (ES), 2011 U.S. Dist. LEXIS 107600 (D.N.J., September 21, 2011) On September 21, 2011, a new ruling out of New Jersey highlighted the intolerance of the courts for improperly implemented litigation holds. In N.V.E. v. Palmeroni, U.S. District Judge Esther Salas imposed monetary […]... continue reading
Four Takeaways from the Dallas Mini-Conference on Preservation and Sanctions
By Brad Harris Last month, the Advisory Committee on Civil Rules called together a mini-conference to solicit greater insight in the nature and scope of the preservation problem, including how technology is contributing to the issue and how rule changes might help address the problem. Held under the auspices of the Discovery Subcommittee, the Mini-Conference […]... continue reading
August
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
July
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Webinar: “Partners in Preservation: How Law Firms Can Help Clients Avoid E-discovery Sanctions” on Sept. 20
REGISTER NOW! Over the last 18 months, data preservation for discovery has been in the spotlight like never before. One important aspect is the emphasis that several courts have are put on the obligation of outside counsel to oversee the preservation process. Many counsel are now taking a much more active role to help ensure […]... continue reading
Webinar: “Data Preservation and Legal Holds: Best Practices and New Technology” on Sept. 13
REGISTER NOW! It has been nearly eight years since Judge Shira Scheindlin issued the Zubulake opinions that set the course for modern eDiscovery. Last year, she issued her notable Pension Committee ruling that reinforced considerations for reasonable and good faith expectations when responding to a duty to preserve, which set off a chain reaction of other […]... continue reading
Legal Holds Feature in Gibson Dunn’s 2011 Mid-Year E-Discovery Report
Since the law firm Gibson Dunn started covering electronic discovery rulings in its twice-per-year reports, they have become a “go to” resource for practitioners. The team at Gibson Dunn recaps notable cases and organizes the report so that key trends are highlighted and they recently released the 2011 Mid-Year E-Discovery Report. In the first half […]... continue reading
The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation after Issuing Weak Legal Hold
by Brad Harris In July, we posted about the DuPont v. Kolon opinion in April which was noteworthy in that DuPont escaped any sanctions in spite of spoliation by having a strong preservation plan in place. The Eastern District of Virginia’s Senior District Judge Robert E. Payne issued a subsequent ruling on July 21 responding […]... continue reading
Webinar: “Data Preservation 2011 – Looking at How Your Company Can Be State-of-the-Art” on August 3rd
Register Here: https://www2.gotomeeting.com/register/368826627 TERIS and Legal Hold Pro present a one-hour seminar on optimizing legal preservation in 2011 when the courts’ expectations have never been higher and e-discovery practices are being scrutinized by opposing counsel. New opinions such as Haraburda v. Arcelor Mittal, Dupont v. Kolon and Green v. Blitz USA are continuing to put the spotlight on what companies should and shouldn’t […]... continue reading
Haraburda v. Arcelor Mittal: Court Orders Litigation Hold After Defendant Attempts to Delay Until after ‘Meet and Confer’
Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) An opinion in late June from the Northern District of Indiana firmly reiterated the need for a legal hold and shot down one litigant’s attempts to postpone its timing until after the Rule 26(f) meeting. That strategy […]... continue reading
DuPont v. Kolon: DuPont Avoids Sanctions by Maintaining Legal Hold Practices
8/16 UPDATE: See subsequent blog post: The Other Shoe Drops in DuPont v. Kolon: Sanctions for Defendant for Spoliation After Issuing Weak Legal Hold (8/16/2011) E.I. du Pont De Nemours and Co. v. Kolon Industries, Inc., Civil Action No. 3:09cv58, 2011 U.S. Dist. LEXIS 45888 (E.D. Va. Apr. 27, 2011) In an opinion from late April, Sr. […]... continue reading
June
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
April
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Webinar: “A Compelling Need for Change in Legal Hold Practices” with Charlotte Riser Harris and Brad Harris
Charlotte Riser Harris, Litigation Support Manager for Hess Corporation, and Brad Harris, leading national preservation expert and VP for Legal Products at Zapproved (no relation to Charlotte), team up for a one-hour webinar designed to help in-house legal teams adapt to the latest preservation standards. The content is adapted from their co-authored article that appeared in […]... continue reading
Some Say Courts Don’t Agree with Pension Committee – But Is That Really the Case?
By Brad Harris The preservation landscape appears to be settling down considerably compared to the turbulent year that was 2010. (If you need a refresher, see Pension Committee Revisited white paper and webinar for a complete recap.) A few opinions have come up in recent months that provide additional insight into how the courts are […]... continue reading
National Law Journal: “Until Next Rules Change, 2010 Cases Set the Standard” by Brad Harris and Ron Hedges
On the heels of their successful Pension Committee Revisited project, our own Brad Harris and Ron Hedges collaborated once again on a contributed article that appears in the April 11 edition of the National Law Journal. The article, “Until Next Rules Change, 2010 Cases Set the Standard,” examines the state of preservation today based on recent […]... continue reading
Two Cases Feature Extreme Sanctions for Preservation Failures; Both Cite a Failure to Issue a Legal Hold as Key Factor
By Brad Harris Since Judge Francis’s Orbit One in October 2010, we haven’t read a lot about preservation issues. But that ended suddenly with two opinions that had come to light in recent weeks. If the building case law has not been convincing enough, then take note of these sanctions that turn up the heat […]... continue reading
March
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
February
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
‘Legal Holds and Healthcare’ Webinar on March 30 with National Experts Brad Harris and Ken Rashbaum
Leading national experts Brad Harris and Ken Rashbaum present a one-hour program that will help any legal practitioner working in the healthcare industry. The presentation will review recent case law and its impact on preservation, look at trends in the healthcare sector and what they mean. Harris and Rashbaum then will provide recommendations for ‘best practices’ so that you will be ready when the […]... continue reading
“Pension Committee Revisited: Where Do We Go From Here?” Webinar Features 10 E-Discovery Leaders on March 22
“Pension Committee Revisited: Where Do We Go From Here?” is a complimentary two-hour program hosted by Brad Harris, VP for Legal Products at Zapproved, and former U.S. Magistrate Judge Ron Hedges. The program brings together a group of the best minds in electronic discovery to discuss the impact of Pension Committee one year later. The panel […]... continue reading
Legal Hold Pro Meets the Press – February 2011 Edition
Since we have been enjoying a little attention from the press recently, we are posting a few items that have appeared during the last two weeks. We hope you find them interesting! Pension Committee: Looking Back at a Look Back, LTN, February 15, 2011 – ALM’s editorial director for technology David Snow provides his thoughts […]... continue reading
January
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
2010
December
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Just Published! “Pension Committee Revisited” edited by Brad Harris and Ron Hedges
We are proud to announce the publication of Pension Committee Revisited: One Year Later, a 42-page white paper published to mark the one-year anniversary since Judge Shira A. Scheindlin issued her landmark opinion. Pension Committee has focused the legal community on issues surrounding the preservation of electronic data involved with litigation. “Pension Committee Revisited” is edited by […]... continue reading
Orbit One v. Numerex: Magistrate Judge Francis Offers His View on Legal Holds
By Brad Harris Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y., Oct. 26, 2010) In late October, Magistrate Judge James Francis issued an opinion that has continued the judicial debate about legal holds and other preservation practices kicked off in January 2010 with Pension Committee. Judge Francis in Orbit One openly disagrees […]... continue reading
November
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
October
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Rush Transcript: Judge Scheindlin Defends Pension Committee by Saying “Just Do It!” to Legal Holds
The Georgetown Law Center’s Advanced E-Discovery Institute is a highlight on the calendar every year. The conference kicked off yesterday (Nov. 18) at the Ritz-Carlton in Pentagon City, VA, with an e-discovery case law update that involved a panel of many preeminent jurists. The panel was moderated by The Sedona Conference’s Ken Withers and included […]... continue reading
New “General Counsel Survey” Shows Growing Legal Hold Gap
The University of Denver’s Institute for the Advancement of the American Legal System (IAALS) recently published the results of an extensive survey it conducted with GCs around the country. The sample size is impressive which gives weight to the survey with 485 valid responses by ACC members with titles of General Counsel or Chief Legal […]... continue reading
September
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
August
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Harris and Ball Present “The Enlightened Legal Hold” Webinar on October 12
This complimentary one-hour program is presented by leading e-discovery experts Brad Harris and Craig Ball. They will offer a fresh approach to legal holds following the Pension Committee opinion which they first outlined in the white paper that they co-authored which you can download at www.legalholdpro.com/enlightened. Harris and Ball will examine the “Five Deadly Sins of Legal Holds” that […]... continue reading
The Sedona Conference Publishes Updated Legal Hold Commentary
by Brad Harris This week The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) issued an updated Commentary on Legal Holds, reflecting evolving case law and best practices since 2007. The document remains an exemplary resource for practitioners charged with determining when a legal obligation to preserve data arises (the “trigger”) and […]... continue reading
Victor Stanley II: Judge Grimm’s Review of the State of Preservation
by Brad Harris On Thursday, September 9, 2010, Judge Paul Grimm of the U.S. Fourth Circuit (D.MD) continuedthe 2010 tradition of huge opinions with his 89-pager about the ongoing spoliation saga in Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010). Craig Ball was the first to get the word out […]... continue reading
“The Enlightened Legal Hold” by Brad Harris and Craig Ball Is Published Today!
We are proud to announce that “The Enlightened Legal Hold: A New Approach to Legal Preservation Following the Pension Committee Opinion” co-authored by Brad Harris and Craig Ball was published today. The latest white paper in the Legal Hold Pro™ Signature Series examines issues that have caused problems for litigants and offers a new way […]... continue reading
Trendspotting in Legal Holds, Part 2 – The 2010 Socha-Gelbmann Electronic Discovery Survey
This is the second part of our look at two major reports on the electronic discovery sector that were released within the last month. You can read Part 1 about the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update that was posted Tuesday. Today we analyze The 2010 Socha-Gelbmann Electronic Discovery Survey […]... continue reading
Trendspotting in Legal Holds, Part 1 – Gibson Dunn Mid-Year E-Discovery Update
Two major reports on the electronic discovery sector were released within the last month. The first is the Gibson Dunn & Crutcher 2010 Mid-Year Electronic Discovery and Information Law Update in mid-July followed by The 2010 Socha-Gelbmann Electronic Discovery Survey at the beginning of August. It is interesting to see in both reports – of case […]... continue reading
‘Small Corporation’ Gets $10,000 Sanction for Spoliation Resulting from Lack of Written Hold
By Brad Harris Passlogix, Inc.v.2FA Technology LLC, et al., 2010 WL 1702216 (S.D.N.Y., April 27, 2010) An interesting case appeared from New York’s Southern District that saw some egregious behavior by the defendant to purposefully undermine the discovery process. In fact, the court characterized the defendant’s outrageous tactics were undertaken ”in an effort to expand discovery, […]... continue reading
July
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
June
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Coming Soon to Silicon Valley! “Hold Fast” CLE on July 15th
You are invited to join D4 and Legal Hold Pro for a complimentary lunch program and earn 1.0 MCLE credit approved by the California State Bar Association. Thursday, July 15, 2010 Four Seasons Hotel Silicon Valley 2050 University Avenue East Palo Alto, CA Registration at 11:30 a.m. with lunch being served at 12:00 p.m. Space […]... continue reading
Northern District of Illinois Makes Its Own Way with Opinion Echoing Need for Strong Legal Holds
Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010) By Brad Harris On May 25, 2010, a new opinion was issued out of the Northern District ofIllinois that is noteworthy in what it does not include: It does not cite Zubulake or Pension Committee. Not even once. Yet, the […]... continue reading
Judge Scheindlin Gives Pension Committee a Minor Tune-Up
By Brad Harris For those of you that follow this blog, we’ve been closely monitoring the developments this year out of Judge Shira Scheindlin’s courtroom in the Southern District of New York. The landmark Pension Committee opinion that she published in mid-January of this year was a watershed opinion about legal holds. She denoted a […]... continue reading
May
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
April
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
“D&O Litigation Landmine: Legal Holds” Webinar on June 3
Spoliation is a scary word; the consequences for directors and officers are even scarier. No longer will judges give companies a “free pass” for failing to properly implement a litigation hold in the face of reasonably anticipated litigation or government investigation. A slew of recent cases shows just how devastating an improperly designed or executed litigation […]... continue reading
The Drumbeat Continues: Judge Turns Up the Heat with $25,000 Sanction
By Brad Harris Merck Eprova AG v. Gnosis S.p.A. et al., 07 Civ. 5898 (S.D.N.Y. Apr. 20, 2010) On April 20, 2010, U.S. District Judge Richard Sullivan hammered home the need for proper legal holds in a big way. In a case that not only echoes Judge Scheindlin’s Pension Committee opinion, but takes it a […]... continue reading
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
By Brad Harris Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law blog posted last week about an important case out of the Western District of New York involving litigation holds. (I highly recommend that you check out Josh’s entertaining […]... continue reading
TechnoLawyer Review: Legal Hold Pro Earns 4.8 Rating (Out of 5)
Our first official product review was published today and we couldn’t be more pleased! TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, published an in-depth review of Legal Hold Pro written by Bruce Olson, President of ONLAW Trial Technologies. The article provides a detailed […]... continue reading
February
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
January
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
Rimkus v. Cammarata: Another Great Reason Organizations Need an Effective Legal Hold Process
By Brad Harris Coming on the heels of Judge Shira Scheindlin’s Pension Committee v. Banc of America Securities opinion in January, a opinion was issued that centers around appropriate actions to preserve potentially relevant evidence. The case is Rimkus Consulting Group Inc. v. Nickie G. Cammarata, et al., 07-cv-00405 (SDTX Feb. 19, 2010) out of […]... continue reading
“Arkfeld on Legal Holds” Webinar on Feb. 26th
D4, LLC and Legal Hold Pro present a one-hour program featuring Michael Arkfeld, Esq., author of Arkfeld on Electronic Discovery and Evidence and Arkfeld’s Best Practices Guide for Litigation Readiness and Hold, for a discussion of the impact of U.S. District Judge Shira Scheindlin’s recent Pension Committee v. Banc of America Securities opinion. The webinar […]... continue reading
2010 – The Year of the Legal Hold
We were excited about attending LegalTech earlier this month, but nothing could have prepared us for the response we received. Legal Hold Pro built a buzz as evidenced by comments from industry analyst Brian Babineau of ESG said “the best vendor/solution I saw at LegalTech was Legal Hold Pro… It’s a no-brainer for companies!!” In […]... continue reading
Corporate Counsel: “How Companies Have to Handle Legal Holds”
Brad Harris, our Director of Legal Products, and John Jablonski, Partner at Goldberg Segalla and legal hold expert, today published a by-lined article on Corporate Counsel magazine’s web site. The article offers advice to in-house legal teams about the implications of Judge Scheindlin’s recent Pension Committee opinion. Brad and John offer timely information that analyzes […]... continue reading
Legal Hold Pro Called the “Best Vendor/Solution” at LegalTech 2010
Our team just returned from LegalTech New York after an exhilarating week in which we were able to make a big splash about Legal Hold Pro to the legal industry. We believe we have the right solution — namely a cloud-based legal hold management system — at the right time. Brian Babineau, a Senior Analyst […]... continue reading
Just Published! An in-depth analysis of Judge Scheindlin’s Pension Committee Opinion
“The analysis of Judge Scheindlin’s Pension Committee opinion is good, clear and useful. Harris and Jablonski ably summarize the case and suggest ways to apply the ruling to legal hold directives. It’s a fine piece of scholarship.” — Craig Ball We just published an in-depth analysis called “The Pension Committee Opinion: Judge Scheindlin’s Call to […]... continue reading
“12 Myths about Legal Holds” Webinar on January 26 covers Zubulake to Judge Scheindlin’s Latest Opinion
Program Overview: The one-hour program will examine common misconceptions about legal holds using recent case law, including an analysis of U.S. District Judge Scheindlin’s recent Pension Committee opinion. John Jablonski and Brad Harris will look at problems that are frequently encountered within organizations that are failing to implement reasonable and good faith efforts when it […]... continue reading
FLASH UPDATE! Judge Scheindlin Strongly Reiterates Need for Written Hold Notification
The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 11, 2010) Starting with the intro of her opinion, Judge Scheindlin invokes Santayana’s famous saying that “those who cannot remember the past are condemned to repeat it.” This ominous start is […]... continue reading
“12 Myths about Legal Holds” Is Now Available!
Today we released a new white paper titled “12 Myths about Legal Holds” authored by Brad Harris, the company’s new Director of Legal Products. The first paper in the Legal Hold Pro™ Signature Series is available immediately at no cost at www.legalholdpro.com/myths. The 12-page publication zeroes in on common misconceptions about litigation holds that are […]... continue reading
2009
December
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
August
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
If You Don’t Issue a Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]... continue reading
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home by sheriff’s deputies in Orlando. After he recovered, he sued the sheriff’s office for negligence. Now, David Lane, the GC for the Seminole County Sheriffs Office is taking […]... continue reading
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the courts are intolerant when defendants are ignorant of the legal hold process: Pinstripe, Inc. v. Manpower, Inc. (7/29/09) – An un-issued legal hold and “good faith” efforts still yield sanction. […]... continue reading
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