Wednesday, January 13, 2010

BANG! You need to pay attention to Legal Hold & Corporate Records Management

Craig Ball is...well...on the ball.

In what promises to get the global eDiscovery and Records Management tech vendors and their marketing teams all worked up and excited, news has surfaced today that US Federal Judge Shira Scheindlin (famous for the Zubulake decisions) has again pounced on corporate records management, discovery and legal hold practices.

As Craig says in his
post (and as we should all be saying to our General Counsel first and RM/LH teams second) "while Judge Scheindlin isn't the first to state that the failure to issue a written legal hold notice is "gross negligence," she seems to afford no quarter to effectuating a defensible hold any other way. It appears a face-to-face meeting, phone call, voice mail or course of dealing won't suffice to deflect a determination of gross negligence. Too, that written hold notice had better be a strong, unambiguous directive to find, preserve and collect, coupled with close supervision of the effort."

The full 87 page opinion and order from Judge Scheindlin can be found

Read it and weep...

For those not fully aware of the original Zubulake decisions and Judge Scheindlin's five historical and ground breaking opinion, the team at Kroll have a summary here. Farella Braun + Martel LLP also have a useful and simple summary here.

No comments: