Legal Hold Management

Legal Hold Management

Legal Hold Management

 

In nearly every country today, companies that are facing actual or threatened litigation, investigation or audit must take steps to preserve information that may be relevant to the matter in dispute. Legal hold refers to the necessary communication and actions that must be undertaken by parties to a dispute in order to prevent the intentional or negligent withholding, alteration, hiding or destruction of evidence that may be relevant to a civil or criminal case.

A party who fail in its obligation to preserve relevant information may be subject to fines and other penalties for “spoliation” in civil cases or obstruction of justice in criminal matters. Penalties and sanctions imposed by courts for improper handling of information range into the millions and even billions of dollars and may include jail sentence in egregious cases.

We assist clients to assess their legal hold process, identify risks and implement changes where necessary to ensure the efficient and proper handling of legal hold obligations, including:

  • Prepare guidelines for management of legal hold.
  • Prepare guidelines for release of legal hold.
  • Define technology solution(s) requirements.
  • Assess/shop for technology solution(s) vendors.
  • Review vendor responses, if any.
  • Select legal hold technology solution(s).
  • Identify all guidelines and procedures for legal hold system execution.
  • Write procedures for legal hold.
  • Develop training program for legal hold and discovery application training.