1-Hour Program

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Overview

Litigation hold notices inform parties of actual or reasonably anticipated litigation and can describe the scope of the duty to preserve. However, the question of whether production of a notice in response to a discovery request or for some other reason is highly nuanced. This Briefing will explore the nature and timing of litigation hold notices, what might be the consequences of issuing a notice, and whether and when a notice might be discovered or disclosed.

Topics to be addressed include:

  • The purpose of the litigation hold and notice (10 minutes)
  • The notice and work product (10 minutes)
  • Rule 502 and disclosure of the notice (10 minutes)
  • Discovery of the notice (15 minutes)
  • Using the notice to avoid the imposition of sanctions (15 minutes)

 

 

Faculty:

 

Ronald J. Hedges

Dentons US LLP

 

Kenneth J. Withers

The Sedona Conference

 

Credit Details