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Drafting Legal Holds in Civil Litigation

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Description

Legal holds are essential documents in civil litigation.

Presented by one party to the other, often by the plaintiff to the defendant in anticipation of filing a complaint, the hold demands the other party preserve specified evidence – documents or other items – which is essential underlying claiming. But these no mere matter of issuing a form letter. Their scope and demands must be carefully tailored to the underlying claim.

There are also issues of notice, who should receive the hold, remedies for breach, and potentially sanctions.

This program provides a practical guide to planning and drafting legal holds in civil litigation.

  • Giving notice of a litigation hold – and practical legal effect
  • Who should receive the hold?
  • Defining the scope of hold
  • Standards in federal and state courts
  • Electronically stored information – preservation v. pulling
  • Termination of litigation
  • Remedies for violation of hold – sanctions, adverse judgement

Contributors

  • Stanley E. Woodward Jr.

    Stanley E. Woodward Jr. is a partner in the law firm Brand Woodward Law, where he has a broad civil litigation and white-collar criminal defense practice. He also conducts internal corporate investigations. He serves as an adjunct professor of law at Catholic University of America Columbus School of Law, where he teaches pre-trial litigation and employment law.

    Before entering private practice, he served as a judicial clerk to Judge Vanessa Ruiz of the District of Columbia Court of Appeals, and Judges Joan Zeldon and Judge Rufus King III of the Superior Court of the District of Columbia.

    Mr. Woodward earned his B.A., cum laude, and his M.S., magna cum laude, from American University, and his J.D., cum laude, from The Catholic University of America Columbus School of Law.

    Click here for more information about Stanley.

March 4, 2021
Thu 1:00 PM EST

Duration 1H 0M

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