How Not to Mess up a Litigation HoldWednesday, February 22, 2017
1 p.m. ET
An obstruction-of-justice charge filed against Volkswagen AG prompted much discussion in the legal community last month. The allegations were even detailed in a National Law Journal article, “How VW’s In-House Lawyers Screwed up a Litigation Hold.”
One costly misstep: A Volkswagen in-house attorney tipped off employees of an imminent litigation hold and indicated that they should “check” certain documents on their computers pertaining to the investigation--which the employees took to mean they should delete the documents. This led to the indictment of six current and former employees on charges of perjury and obstruction of justice and to the naming of the in-house lawyer as an unindicted co-conspirator.
Tipping off employees in advance of a litigation hold may seem like an obvious misstep, but it underscores the fact that even a major corporation can mess up when implementing a hold. What are best practices for a corporation facing this situation? Join us as four e-discovery experts discuss how not to mess up a litigation hold.
Among the questions this webinar will answer:
■ What are your legal hold and compliance obligations?
■ How should you notify employees and others of the obligation to retain documents?
■ What does a defensible and cost-effective corporate preservation program entail?
■ How have the courts and the revised Federal Rules changed how legal holds are handled?
Mary Mack | Executive Director, ACEDS
Mary is known for her skills in relationship and community building as well as for the depth of her e-discovery knowledge. Frequently sought out by media for comment on industry issues, she has spoken at venues including Gartner Symposium, the American Bar Association International Law Committee, the Association of Corporate Counsel annual conference, and others. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery, considered by many to be the first popular book on e-discovery. She is the co-editor of the Thomson Reuters West treatise, eDiscovery for Corporate Counsel. Prior to joining ACEDS, Mary most recently served in a leadership role for ZyLab, a global provider of e-discovery and intelligent information governance software. Before that, she was with Fios, Inc. a provider of e-discovery services to Fortune 1,000 corporations and major law firms. A member of the Illinois State Bar, Mary received her bachelor’s degree from Le Moyne College and her law degree from Northwestern University School of Law.
Alon Israely | Co-Founder, Total Discovery/BIA
Alon Israely has over seventeen years of experience in a variety of advanced computing-related technologies. Alon is a co-founder of NYC based legal services company, Business Intelligence Associates, Inc., a highly respected and successful legal technology consulting and solutions firm. In 2015, the company’s software and technology division, based in Seattle, WA was spun-out as its own company and Alon was tapped to lead it. Alon now leads TotalDiscovery, an early-stage enterprise SaaS company that provides a legal compliance platform to corporations, government and law firms. Over the past several years, Alon has worked with corporations and government entities as an expert witness and consultant on legal compliance, eDiscovery and information security and privacy related issues. Alon holds a B.A. from UCLA and received his J.D. from New York Law School with an emphasis in Telecommunications Law. He is a member of the New York State Bar as well as several legal and computer forensic associations.
Rachelle L. Rennagel | eDiscovery Special Counsel, Pillsbury Winthrop Shaw Pittman LLP
Rachelle L. Rennagel is eDiscovery special counsel in the firm’s litigation practice and is a part of the nationally recognized Information Law and Electronic Discovery group. Rachelle brings a distinctive blend of legal, business and technology expertise to her counseling of clients in the multi-disciplinary practices of e-discovery, information governance, and data privacy and security. Her deep knowledge of the legal and business landscape and the strengths and weaknesses of technology has contributed to her proven track record of assisting clients to leverage technology and process to reduce information management and discovery costs and risks. This also has provided her with the ability to credibly engage with not only in-house attorneys, but also IT professionals and other information management stakeholders.
John Tredennick | Founder and CEO, Catalyst
John Tredennick is the CEO and founder of Catalyst Repository Systems, which designs, builds and runs the world's fastest and most powerful software platform for complex e-discovery, regulatory investigations and compliance. A former trial lawyer and litigation partner with a large national law firm (20+ years), John has written or edited five books and countless articles on litigation and technology issues and has spoken before legal-technology audiences in five continents. Recently, The American Lawyer named him one of the top six e-discovery trail blazers in its issue on the “Top 50 Big Law Innovators of the Last 50 Years.” He also served as chair of the American Bar Association’s Law Practice Management Section and was editor-in-chief of its flagship magazine Law Practice and the founder and editor of its webzine Law Practice Today.