Ride the Lightning

Sedona Conference 2nd Edition of Commentary on Legal Holds Published

July 2, 2019

The Sedona Conference and its Working Group 1 on Electronic Document Retention & Production (WG1) announced in June the publication of the Commentary on Legal Holds, Second Edition: The Trigger & The Process. Much has changed in the law and technology since The Sedona Conference published the First Edition of this Commentary back in 2010.

The Second Edition of the Commentary on Legal Holds (free to download from the link above), provides practical guidelines for determining when the duty to preserve relevant information arises as well as the scope of preservation. It reflects:

• the 2015 amendments emphasizing the proper scope of discovery and the enhanced role of proportionality in preservation as well as sharpening the analysis of sanctions for the loss of discoverable electronically stored information (ESI);
• clarification of the duty of a non-party to respond to a subpoena compared to the duty to preserve information;
• new guidance on how organizations should address data protection laws and regulations that may affect the organization’s ability to implement legal hold data preservation measures outside of the United States;
• developments in state and federal case law on preservation and spoliation;
• new and novel sources of ESI requiring preservation and collection; and
• advances in electronic document management technology.

Importantly, this Second Edition incorporates the knowledge and guidance embodied in the updated Third Edition of The Sedona Principles. It is always great to have these free resources from the Sedona Conference!

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225|Fairfax, VA 22030
Email:    Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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