e-discovery: drafting, implementing, and defending effective litigation holds

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You can’t win on the substance if you lose on the evidence.

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Post on 25-May-2015

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We provided a discussion and hands-on presentation showing how to draft, implement, and defend effective litigation holds. Topics included: recent state and federal e-discovery cases; outside counsel's responsibility; and competing standards applied by courts. The webinar was sponsored by Minnesota Continuing Legal Education. Panel: - Brendan M. Kenny, Blackwell Burke P.A. (@KennyBrendan & http://www.linkedin.com/in/brendanmkenny) - James Keuning, LuciData (@jmkeuning & http://www.fishandink.com)

TRANSCRIPT

Page 1: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

You can’t win on the substance if you lose on the evidence.

Page 2: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

When it rains

it pours

Page 3: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

Prove it in court

Page 4: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
Page 5: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

Peas & Carrots

Page 6: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
Page 7: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

In the beginning

Page 8: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

Thou hast invented spoliation

Page 9: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
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The Authors of Failure

Page 16: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
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Copyright datacomp probably

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Trademarks & Copyright © 1967 DC Comics, Inc.

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Attorneys arrange the 26(f) conference.

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37

Page 23: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

Spoliation Standard

Page 24: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

agilebacon.com

Page 25: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

Don’t be an unreliable narrator

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Stake out your position

Page 29: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
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Page 31: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds

When it rains

it pours

Page 32: E-Discovery: Drafting, Implementing, and Defending Effective Litigation Holds
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The buck stops with you