How to say NO to outrageous Preservation Requests

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How to say NO to outrageous Preservation Requests

  1. 1. Litigation and eDiscovery How to say NO to outrageous preservation requests Robert Levey 978-996-2758 robert.levey@catelas.com www.catelas.comLegal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved
  2. 2. Preservation Requests Scenario: a Preservation Request comes in from opposing counsel Figuratively it looks something like this… • Way too broad • Unreasonable • Outrageous? Your fear of the “unknown” takes over You either comply with the request or settle (to avoid the cost of discovery)Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved
  3. 3. You need to say NO WAY! Enough is enough… You need to say NO WAY!Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved
  4. 4. Introducing….. Identification … WHO IS INVOLVED? Pre-Case Intelligence …ONE STEP AHEADLegal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved
  5. 5. What we do A defensible approach to defining a reasonable scope of Preservation 1. Identify precisely ‘who is involved’ 3. Allowing you to reasonably on Day 1 define the scope of Preservation 4. Saving you millions in Litigation Costs 2. Provide supporting 4 evidence to back up ‘what needs to be 2 preserved’ 0 Before After CatelasLegal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved
  6. 6. Thank You Robert Levey 978-996-2758 robert.levey@catelas.com www.catelas.comLegal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved

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