Following last September’s successful Conference on Preservation Excellence, or PREX for short,  Legal Hold Pro took the show on the road to New York on April 29, 2013. The half-day “mini-conference” was a highly successful due to a group of phenomenal speakers led by Paul Weiner (Littler Mendelson) and Robert Owen (Sutherland Asbill & Brennan LLP) who served as the CLE program moderators. They were joined by industry experts and ediscovery practitioners such as Lynn Dummett (Allianz Global Investors), Ken Cappel (Amneal Pharmaceuticals) , Dave Walton (Cozen O’Connor), Adam Cohen (Ernst & Young LLP) and Patrick Burke (Reed Smith LLP).

The mini-conference kicked off with a legal hold case law update session.  The session highlighted cases like EEOC v. Honey Baked Ham and Gatto v. United Air Lines, cases that emphasized how preservation and ediscovery area two-way street.  The panel discussed written litigation holds as a per se rule, highlighting Chin v. Port Authority andGerlich v U. S. DOJ.  Cost shifting was discussed with Boeynnems v. LA Fitness and Pippins v. KPMG, and the panel concluded with scope of preservation illustrated by the recent Dunbar v. Google case.

The second panel focused in on how to better align an organization with its legal responsibilities when it comes to data preservation.  The session “Fostering a Culture of Compliance” explored the importance of employee education and training, corporate policies and retention practices, and approaches to auditing compliance.


The issues presented by emerging data sources became the subject of the third panel “Preserving Wild Data,” with an enlightening discussion of BYOD and COPE, the impact of social media in litigation, the role of third parties in possession of ESI, and preservation challenges of the cloud.

The final session of the afternoon was all about “Defending Preservation,” with panelists sharing their thoughts about preparing for and responding when things go wrong, ways to approach claims of spoliation, and the crucial importance of getting your own house in order with sound policies and preservation practices.

The mini-conference was extremely well received; with attendees coming away with a deepened awareness of preservation challenges, coupled with practical tips and shared best practices for improving legal hold policies and procedures.  All were appreciative of the insights shared by the panelists and conference moderators.


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