The document discusses how to respond to unreasonable preservation requests from opposing counsel in litigation. It advises that preservation requests are often too broad or outrageous. Rather than automatically complying, it recommends saying "no way" and using a defensible approach defined by Catelas to reasonably scope preservation based on who is involved and supporting evidence of what needs to be preserved. This can save millions in litigation costs compared to overly broad preservation demands.

1. Litigation and eDiscovery
How to say NO to outrageous
preservation requests
Robert Levey
978-996-2758
robert.levey@catelas.com
www.catelas.com
Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved

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. 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. Introducing…..
Identification … WHO IS INVOLVED?
Pre-Case Intelligence …ONE STEP AHEAD
Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved

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 Catelas
Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved

6. Thank You
Robert Levey
978-996-2758
robert.levey@catelas.com
www.catelas.com
Legal – What to preserve? Copyright © 2011 Catelas Inc. All rights reserved