exterro
Exterro Fusion : Legal Hold
A Framework to Implement a Repeatable and Defensible Legal Hold Process
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Features of Exterro Fusion Legal Hold
Discovery Response Team Establish an internal discovery response team to assist in identifying key players, data sources and time periods.
Design a Legal Hold Draft a well crafted legal hold notice assisted by intuitive tools.
Template Hold Notices Maintain multiple template hold notices for internal and external use, that facilitate boilerplate language towards an effective hold.
Hold Notice Distribution Select the key custodians from the global custodian list, with advice of counsel, assisted by powerful search features.
Data Source Catalog Maintain information about data sources that will allow the legal team to quickly target high value data.
Approve Legal Hold Institute an internal workflow to get the legal hold notice approved by the issuing office.
Issue Legal Hold Send hold notices to key players from the office of issuing authority.
Stop Data Aging Send notices to data stewards to stop any automatic processes that exist within IT .
Automatic Reminders Set reminder hold notices to be sent automatically.
Track Legal Hold Track each legal hold from issuance and acknowledgement through collection, processing and eventual rescission of the hold order.
Track Acknowledgements Escalate non-acknowledgements within a stipulated time to appropriate authorities.
Re-Issue Legal Hold Send hold notices to key players from the office of issuing authority.
Design Interviews Design phone and online questionnaires to refine data sources to be collected.
Online Legal Hold Binder Maintain company' s current document retention policy, tape rotation policies, standard operating procedures, glossary and company-wide data map, for quick and easy access.
Manage Multiple Holds Eliminate the chance of spoliation when one hold is lifted while an overlapping hold remains effective.
Reports Hold Activity Report, Hold Master List, Non-Confirms Report and Pre-Collection Report.
Pre-Collection Report Save on collections costs by checking whether any evidence to be collected is already available as part of any other active holds.
What is Legal Hold and why is it important?
Legal Hold is a process by which an organization must preserve and prepare all forms of electronic communication when litigation is reasonably anticipated. Potential custodians need to be notified that they should not delete any relevant information.
Massive amounts of ESI and the multiplicity of locations in which ESI may reside, increases the difficulty in implementing effective legal hold.
A company's failure to quickly impose a litigation hold on all responsive records can result in court-ordered sanctions.
Benefits of Implementing Fusion Legal Hold
Demonstrates the organization's commitment to the preservation of evidence and full cooperation with judicial/governmental requests. A consistent, repeatable and defensible legal hold strategy...
  • Eliminates human errors in high-stakes litigation
  • Generates faster response time to litigation requests
  • Decreases an organization's exposure to sanctions
Tips for an Effective Legal Hold Strategy
  • At the onset of litigation, cast a net wide; primary focus should be on protecting the evidence rather than collecting the evidence
  • Understand company's document retention policy
  • Consider Legal Hold as an ongoing process, rather than a standalone project
  • Maintain a data source catalog that states 'who has what kind of information where'
  • Send Hold notices from the 'office of general counsel'
  • Periodically re-issue hold notices to both new and existing employees
  • Use custodian interview as an opportunity to confirm the preservation of evidence in accordance with holds
Fusion Datasheet
A Guide to Legal Hold Management
Views from the Bench
"[a] party's discovery obligations do not end with the implementation of a "litigation hold" - to the contrary, that's only the beginning. Counsel must oversee compliance with the litigation hold, monitoring the party's efforts to retain and produce the relevant documents."
- Judge Scheindlin