Our Practice Litigation Hold

We help you prepare when threatened with litigation.

Schools are no different than commercial entities when it comes to lawsuits. They are by no means immune. It is key to be prepared for the threat of litigation. This means being ready when a Litigation Hold is implemented.

The origins of a Litigation Hold lie in a 2003 lawsuit, where a plaintiff argued that key evidence contained in emails were either not produced or destroyed by the defendant. The court issued precedent-setting opinions involving electronic discovery and the duty of an institution to preserve digital evidence.

Regrettably, many school entities have no procedure in place when such a request is issued. Scrambling to respond to one can be administratively chaotic and exceedingly expensive. Creating a process for electronic preservation is not only a good practice, it is legally necessary. Failure to do so can result in costly settlements, judgments, sanctions, or, worst of all – a likelihood that the case becomes more about document management than the actual facts behind the matter.

Click here to learn more about the services we provide as part of our Litigation Hold practice, or contact us to discuss any questions or immediate needs you have in this area.