Technology: Four considerations in selecting and implementing new legal holds technology

Corporate legal hold portfolios are growing, and employees are increasingly subject to multiple legal holds

If your legal hold management is built on Microsoft Excel or Access and Outlook and you are thinking that there must be a better way, don’t worry, you are not alone.                                                                                                                           

This will not surprise you. Corporate legal hold portfolios are growing, and employees are increasingly subject to multiple legal holds. Releasing recipients from a closed matter but maintaining them on other holds can be a logistical nightmare. In-house staff, responsible for issuing, tracking and managing the legal hold effort, is spending more and more time updating spreadsheets. The downstream result: increased potential risks for error and spoliation, and ultimately potential sanctions.  

Collecting data: Some tools allow self-collection capabilities. If your company uses this feature, among other things, we suggest considering the following: vet the self-collection process, evaluate chain of custody, inspect for modifications to file metadata, and prepare to defend against the "Fox-Guarding-The-Henhouse" argument.

Automated reminders: Automatic reminders can be issued to recipients and are based upon a schedule you determine meets your management criteria and business need.

Contributing Author

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John D. Martin

John D. Martin is a litigation partner at Nelson Mullins Riley & Scarborough LLP, and the practice leader for the Firm’s...

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Contributing Author

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Allan Crawford

Allan Crawford is Head of Legal Technology at Encompass and oversees firm-wide litigation support services for Nelson Mullins Riley & Scarborough LLP. With more than...

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