Archive for January, 2012

What is a Legal Hold? Why Does It Matter?

Tuesday, January 24th, 2012

A Legal Hold is the process an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated.  There has been a flurry of judicial decisions in this arena recently, so it is a good time to refresh your policies and procedures on this topic.

Take a look at this article published by Corporate Counsel.  It has a great discussion on an enlightened approach to Legal Holds and discusses what an organization should hold on to in today’s legal web.  A Legal Hold process is not one-size-fits-all.  It must be tailored to the organizaion and the facts at hand.  That being said, here are some tips from the article to consider:

  1. Know Where You Are Going, Then Construct Your Legal Hold Process.
  2. Have A Written Legal Hold Process — and Stick To It!
  3. Know That “Stuff Happens” — Don’t Let Perfect Be The Enemy Of Good.
  4. Don’t Over-Preserve.
  5. Seek Legal Counsel Early.

If you need further guidance on the Legal Hold process or need a business-focused approach to your legal matters, feel free to contact attorney David Baer at david.baer@ethoslaw.com or 612.767.3311.

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