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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 Judge James Francis,  Lynn Dummett, Senior VP and Sr. Counsel at Allianz Global Investors, William Butterfield of Hausfeld, Robert Owen of Sutherland Asbill & Brennan, and Ronald Hedges, a former U.S. magistrate judge who served as moderator. The program’s theme was to compare and contrast the various perspectives of key stakeholders in the preservation process.

U.S. Magistrate Judge James C. Francis, Lynn Dummett (Allianz), Robert Owen (Sutherland) and William Butterfield (Hausfeld) speaking on May 17.

Rather than review the program here, check out this excellent article by Monica Bay of Law Technology News called Coping with Preservation and Proportionality in Legal Holds to read a thorough recap of the program. Following are couple of highlights from LTN’s article:

  • Lynn Dummett (Allianz): “My view is that I need to be conservative and act in good faith. I don’t look at the dollar value or likelihood of commencement.” I will kick it into a legal hold lockdown.”  If a smaller case might settle quickly, the best approach may be to issue the litigation hold but hang back from starting collection. “But I make sure the custodians are on notice that they must preserve.”
  • Robert Owen (Sutherland): “Preservation is really ad hoc. You don’t have a judge, you have to be quick, and diligent.”

For those not able to attend, visit the Four Perspectives on Preservation and Proportionality Resource Page to see a complete video replay and to access the digital bibliography.

Further Reading:

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