Litigation Holds in Class Actions: Triggering Events, Scope of Hold, Termination, Forms
Avoiding Costly Missteps that Empower the Other Side
Recording of a 90-minute CLE webinar with Q&A
This CLE course will help class action lawyers avoid empowering their opponents in litigation by failing to follow the law on litigation holds. Unless counsel is conversant in when the hold obligation begins, who and what is subject to the hold, and when the hold obligation ends, the client is at the opposition's mercy on this wholly non-substantive issue.
Outline
- Starting point of a litigation hold
- Reasonable anticipation of litgation
- Notice from an adverse party
- Commencement of litigation
- Scope of hold
- Self-started hold vs. demanded hold
- Relevancy
- Balancing and proportionality
- Ability to demand others to hold
- Consequences of failure
- Failure to hold at all
- Ineffective hold
- Termination of hold
- Anticipation hold not followed by litigation
- When does litigation "end"?
Benefits
This panel will review these and other important and complex matters:
- Aside from notice, or actual litigation, is there a specific time a hold must start?
- What judgment and discretion can a party exercise before being guided by a court as to the scope of a hold?
- What are the real dangers of improper or ineffective holds?
- When can a party stop spending money and time on a hold?
Faculty
Melinda F. Levitt
Partner
Foley & Lardner
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities,... | Read More
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities, intellectual property and class action defense work in matters pending before federal and state courts, as well as various federal agencies. She has developed particular experience in complex electronic discovery and obtaining discovery from companies abroad. She has also written extensively on the subject.
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Ronni D. Solomon
Partner
King & Spalding
Ms. Solomon co-leads the firm’s E-Discovery practice and focuses exclusively on e-discovery issues. She has... | Read More
Ms. Solomon co-leads the firm’s E-Discovery practice and focuses exclusively on e-discovery issues. She has significant experience managing e-discovery in crisis litigation that spans multiple regulatory, investigatory and civil matters and helping clients ensure that e-discovery does not become a costly sideshow. Ms. Solomon also serves as National E-Discovery Counsel for large corporations and works with clients on information governance and defensible deletion issues. She was a member of the Steering Committee of Working Group 1 of The Sedona Conference on Best Practices for Electronic Discovery and Records Management and sits on the Advisory Board of the Georgetown Law Advanced E-Discovery Institute. Ms. Solomon is Chairperson of the International Legal Holds Brainstorming Group for Working Group 6 of the Sedona Conference, International Electronic Information Management, Discovery and Disclosure, which focuses on international issues relating to disclosure, cross-border discovery, and privacy.
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