eDiscovery & Legal Holds

eDiscovery and Legal Hold Challenges Organizations Face

An important part of a strong information governance program is having strong eDiscovery and legal hold practices. As electronic information explodes in volume, variety, and velocity, eDiscovery and legal hold demands on organizations keep pace. As court decisions continue to demonstrate, organizations 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 default judgments and dismissals. Organizations need reasonable, legally defensible policies, procedures, and processes to help ensure they are meeting their legal hold and discovery obligations. Organizations need experienced, responsive, trusted counsel to help guide them in responding if and when their legal hold and discovery processes are challenged.

How Fey LLC Helps Organizations Address Their Specific eDiscovery and Legal Hold 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 implementation of compliance monitoring procedures. We actively participate in corporate 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 in-house counsel, IT department employees, and legal hold recipients on their specific legal hold obligations. 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 also use our eDiscovery experience and expertise to help our clients select eDiscovery and legal hold software solutions.

Through decades of experience litigating a broad variety of 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 information governance experience and expertise, is why clients turn to us for assistance with their legal hold and eDiscovery challenges.

Fey LLC Service Offerings

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:

  • Preparing eDiscovery and litigation readiness risk assessments and recommendations
  • Designing and implementing legal hold programs and governance structures
  • Preparing targeted ESI data maps
  • Drafting legal hold policies, procedures, guidelines, and workflows
  • Conducting legal hold training and preparing legal hold FAQs
  • Performing legal hold trigger and release analyses
  • Drafting template legal hold notices, reminders, updates, and releases
  • Preparing eDiscovery and litigation readiness response plans
  • Providing advice on how to navigate global data privacy obligations in the context of legal holds and transfers of information subject to discovery requests across borders
  • Assisting with affirmative and defensive discovery, meet and confer processes, and discovery motions, including sanctions motions
  • Preparing 30(b)(6) IT and information governance deponents
  • Assisting with selection and implementation of eDiscovery and legal hold software
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