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OnDemand Course

Fulfilling the Duty to Preserve: What Every Lawyer Needs to Know

Get best practices for drafting and managing litigation holds.

Most lawyers are familiar with the consequences of failing to properly issue litigation holds, especially in the wake of numerous, high-profile decisions. However, while the risks and repercussions are well known, the elements required to effectively draft and manage litigation holds are not as clear. This topic will orient litigation holds within the larger task of preservation and provide practical information on drafting, management and compliance. The presenters will supplement their analysis with examples from case law and experience. Topics discussed include the scope of the duty to preserve, drafting best practices, self-identification, and monitoring compliance. Gain a more comprehensive understanding of litigation holds applicable to a wide variety of clients and cases.

Runtime: 82 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • Overview of the Duty to Preserve
  • Importance of Complying With Preservation Obligations

Scope of the Duty to Preserve

  • Who, What, Where and When
  • Possession, Custody or Control Issues

Developing a Comprehensive Preservation Plan

  • Seeking Agreement on Preservation
    • Responding to Preservation Demands
    • Meet and Confer
  • Notification vs. Collection and the Hybrid Approach

Drafting/Issuance of a Litigation Hold Notice

  • Litigation Hold Best Practices
    • Scope
    • Sources
    • Privilege/Work Product Doctrine

Compliance and Ongoing Management of Litigation Holds

  • Self-Identification
  • Monitoring Compliance
  • Policies, Procedures, Tools
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on February 23, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Natalya Y. Northrip

Natalya Y. Northrip

Seyfarth Shaw LLP

  • Counsel with Seyfarth and Shaw LLP
  • Firm’s eDiscovery and Information Governance group
  • Practice focuses on helping clients find practical, cost-effective solutions to electronic data management, information law, eDiscovery, data privacy and security, and records and information governance challenges
  • Frequent speaker and has written publications
  • J.D. degree, Order of the Coif, University of Missouri
Tushar P. Vaidya

Tushar P. Vaidya

Seyfarth Shaw LLP

  • eDiscovery associate in the Chicago office of Seyfarth Shaw LLP
  • Practice focuses on identifying relevant sources and custodians of data, and developing plans to process, review and produce that data
  • Significant experience in managing large scale document reviews with more than 600 contract attorneys and millions of documents
  • Expert in utilizing analytics to create efficient document review workflows that save clients time and money
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 397724
Published 2016
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