eDiscovery and Legal Hold Challenges Companies Face
As electronic information explodes in volume, variety and velocity, eDiscovery and legal hold demands on companies keep pace. As court decisions continue to demonstrate, companies risk significant penalties when they fail to timely and properly preserve information relating to the subject matter of legal holds and/or fail to meet their discovery obligations. These failures can lead to serious sanctions ranging from monetary penalties to adverse inference instructions to even default judgment or dismissal. Companies need reasonable, legally defensible policies, procedures and processes to help ensure they are meeting their legal hold and discovery obligations. And companies need a trusted advisor to help guide them in responding when and if their legal hold and discovery processes are challenged.
How Fey|LLC Helps Companies Address Their Specific Challenges
At Fey|LLC, we leverage our knowledge, experience and creativity in developing practical strategies to help our clients meet their specific eDiscovery and legal hold obligations. We assist clients in developing tailored eDiscovery and legal hold programs—from development of an effective governance structure through compliance monitoring procedures. As requested, we actively participate in our client’s legal hold governance committee meetings. We draft policies, procedures, guidelines and workflows to help our clients manage their eDiscovery obligations and legal holds. We train our client’s in-house counsel, IT department and outside counsel on their specific legal hold duties. Our experience in training tens of thousands of employees around the globe enables us to provide interesting, compelling legal hold training to our clients’ workforces. We use our technical expertise and practical experience to help our clients select the best eDiscovery and legal hold software solutions for their business and IT environment.
Through our decades of experience litigating a broad variety of cases, including high stakes matters, for corporate clients, we have developed a deep understanding of the many challenges of the eDiscovery and legal hold processes and how to best address those challenges in the context of litigation and regulatory matters. Our litigation experience, combined with our technology, data privacy and overarching information governance experience, is why clients also turn to us for assistance in managing the entire lifecycle of individual legal holds (from analyzing whether a legal hold has been triggered through the release of a legal hold), as well as all stages of the electronic discovery process (from identification through presentation). Additionally, we assist clients in defending against eDiscovery and legal hold challenges in the context of ongoing litigation and regulatory actions. And in cases involving international discovery, we help our clients legitimize evidence transfers across borders and communicate with local Data Protection Authorities, as necessary.
Fey|LLC offers clients a broad array of eDiscovery and legal hold assistance. We work closely with our clients in developing practical solutions to their specific eDiscovery and legal hold challenges. Our specific offerings include:
- eDiscovery and litigation readiness risk assessments and recommendations
- Design and implementation of legal hold programs and governance structures, and preparation of targeted ESI data maps
- Legal hold policies, procedures, guidelines and workflows
- Legal hold training and FAQs
- Legal hold trigger and release analyses
- Template legal hold notices, reminders, updates and releases
- eDiscovery and litigation readiness response plans and counseling
- Assistance with affirmative and defensive discovery, the meet and confer process, and discovery motions, including sanctions motions
- Preparation of 30(b)(6) IT and information governance deponents
- Assistance with selection and implementation of eDiscovery and legal hold software