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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