Mastering Legal Holds: When Does the Hold Obligation Arise? Part II
In the first of this three-part series on mastering legal holds, I introduced the concept of a legal hold and offered seven steps for implementing a hold.
May 16, 2018 at 11:55 AM
1 minute read
When Does the Duty to Issue a Legal Hold Arise? What Is Reasonable Anticipation? Micron Technology v. Rambus What Factors Should be Considered in Determining When the Duty to Preserve Has Arisen?
- Has a specific incident occurred that is likely to lead to a claim against my company?
- Have we discovered internal wrongdoing that is likely to lead to an investigation or litigation?
- Is my organization preparing to bring a claim against another? (This might include seeking the advice of counsel, sending a cease and desist letter or taking specific steps to commence litigation.)
- Has an individual, or group of individuals, made a credible threat to bring suit against my organization?
- What is the magnitude of the risk to the organization posed by the claim?
What If an Employee Knows of a Threat But Doesn't Report It to the Legal Department? Conclusion John Tredennick is the founder and chairman of Catalyst, which designs, builds and runs platforms for complex e-discovery, regulatory investigations and compliance
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
A Blueprint for Targeted Enhancements to Corporate Compliance Programs
7 minute read
Three Legal Technology Trends That Can Maximize Legal Team Efficiency and Productivity
Corporate Confidentiality Unlocked: Leveraging Common Interest Privilege for Effective Collaboration
11 minute readTrending Stories
- 1Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit
- 2Biden commutes sentences for 37 of 40 federal death row inmates, including two convicted of California murders
- 3Avoiding Franchisor Failures: Be Cautious and Do Your Research
- 4De-Mystifying the Ethics of the Attorney Transition Process, Part 1
- 5Alex Spiro Accuses Prosecutors of 'Unethical' Comments in Adams' Bribery Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
