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Preservation and Proportionality This Guide on “best practices” continues the goal of helping lead legal professionals on the path to excellence in legal holds and data preservation. Many organizations are working to instill sound data preservation processes and creating awareness internally among various groups of the importance of meeting the needs of the courts. However, few would rate themselves as achieving a level of excellence.

Signature Papers

Preservation and Proportionality

Nov. 2011

In the post-Pension Committee world, organizations are not asking “if” they need to preserve, but “how.” This book offers an in-depth examination or the challenge of preservation and perspectives from 13 e-discovery luminaries with insight on what is needed.

Electronic Medical Information Preservation and Legal Holds March 2011

Harris and Ken Rashbaum explore the unique challenges facing the health care industry which faces the explosion in electronic Information at the same time as the courts are tightening up requirements on preservation.

Pension Committee Revisited

Feb. 2011

A comprehensive summary of the opinion, an analysis of eight additional 2010 opinions, and 10 essays by luminaries in the e-discovery field.

Spoliation Sanctions by Circuit Feb. 2011 Spolitaion Sanctions by Circuit

"Spoliation Sanctions by Circuit" poster adapted from Judge Grimm's Victor Stanley II.

Enlightened Legal Hold Aug. 2010

A fresh look at the legal hold process following Judge Scheindlin’s landmark ruling. Learn about the Five Deadly Sins of Legal Holds and seven new Principles that will guide you on a better approach to preserving ESI.

The Pension Committee Opinion Feb. 2010

The 14-page analysis was authored by Brad Harris and John Jablonski in an effort to interpret this landmark opinion and its effects on the contemporary standard for legal hold processes.

12 Myths About Legal Holds Jan. 2010

Learn about common misconceptions about legal holds that could be putting your organization at risk.

Article Reprints

Coping with Preservation and Proportionality in Legal Holds

May 2012

LTN’s Monica Bay recaps a presentation by leading e-discovery experts, including U.S. Magistrate Judge James C. Francis, that looked closely at the challenges of data preservation and what can be done to maintain a proportional response following a ‘trigger event.’

Partners in Preservation: How Law Firms Can Help Clients Avoid e-Discovery Sanctions July 2011

Brad Harris and David Cohen, a well-recognized expert in electronic discovery and Litigation Partner at Reed Smith, examine what law firms need to focus on when working with clients on preservation efforts.

Compelling Need for Change

June 2011

Charlotte Riser Harris, Hess Corp., and Brad Harris team up to help in-house legal teams adapt to the latest preservation standards.

Until Next Rules Change Apr. 2011

Brad Harris and Ron Hedges, a former United States Magistrate Judge, collaborate to detail the standards that the courts expect and break down the various points where opinions were different to better understand the current state of preservation.

What's There To Hold On To? Feb. 2011

Brad Harris and Craig Ball propose a new approach to legal holds for GCs that embodies a holistic approach that offers an enlightened path that will help in-house teams successfully meet the new, higher expectations of the courts.