3 Responses to Oral Hold Notice Invalidated as “Completely Inadequate” such that it “Borders on Recklessness”

  1. […] basic, avoidable mistakes are still upending a lot of cases before they can even get started. One of the most important decisions a firm can make at the outset […]

  2. […] General. Litigation Readiness activities, which constitute the first pre-suit step of EDBP, are designed to facilitate the next four steps of EDBP: 2. Hold Notices, 3. Interviews, 4. Collections, and 5. Cooperation. These four steps occur in almost every case, even if discovery is stayed or the case is resolved early. Thus maximum efficiencies can be attained by  establishing set procedures to follow for Hold Notices, Interviews, Collections and communications with opposing counsel and court. Taking the time to prepare policies and procedures for e-discovery in litigation allows an organization to avoid expensive ad hoc inventions and variations. Litigation Readiness, when done correctly, should allow for substantial savings on future litigation expenses and reduce risk. Conversely, the failure to create and implement a reasonable litigation readiness plan, including ESI retention policies and lit-hold policies, can have a detrimental effect on preservation activities once litigation strikes. This is shown in Scentsy Inc. v. B.R. Chase LLC, No. 1:11-cv-00249-BLW, 2012 WL 4523112 at *8 (D. Idaho Oct. 2, 2012). Also see: Losey, R., Oral Hold Notice Invalidated as “Completely Inadequate” such that it “Borders on Recklessnes… (2012). […]

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