Posts Tagged ‘litigation hold’

How many steps in the ladder of legal hold defensibility?

Friday, July 30th, 2010

According to the title of John J. Isaza, Esq. and John Jablonski, Esq. new book on legal holds which is available at ARMA Bookstore: 7

7 Steps for Legal Holds of ESI and Other Documents is described as a practical book, an “how-to guide describing step-by-step a best practice process for identifying trigger events and implementing a litigation hold. It provides a straightforward description of why the law requires preservation, the scope of preservation, and practical tips on how to preserve records in an acceptable manner.”

The book covers topics such as:

  • What Is a Legal Hold?
  • Different Types of Holds
  • Preservation Orders
  • Legally Defensible Process
  • Difficult Legal Hold Issues
  • Assessing Readiness
  • Identifying Trigger Events
  • Statutory or Regulatory Obligations to Preserve
  • Duty Arising from Potential or Threatened Litigation or Investigation
  • Duty Created by Preservation Letters from Opposing Counsel or Agency
  • Duty Arising from Service of a Complaint, Civil Discovery Statutes, Discovery Requests, and Court Orders
  • Legal Hold Scoping
  • Legal Hold Implementation Methodology
  • Legal Hold Enforcement
  • Lifting a Legal Hold

This legal hold bible also includes a self-analysis checklist, a flow chart describing the process for implementing a litigation hold and case law citations supporting this best practices process.