Navigating the complex world of litigation is a task that the legal departments in corporations and law firms handle in their stride. And with the conclusion of a case comes a particularly interesting question: ‘What happens when the litigation hold is over?’
For those who are new to the concept, a litigation hold is a directive by a court to preserve all forms of relevant information pertaining to a case. It requires companies to identify, gather, and maintain data that may provide substantial evidence in ongoing or future litigations. Complying with a litigation hold instruction requires careful planning and data management. Those who have been through it know it requires a meticulous process of identifying and safeguarding the data under the hold. But once the case concludes, what then?
According to an overview on JDSupra, retaining and using the information held is not a simple decision to make. The most significant consideration is what to do with data that was collected and subjected to the litigation hold. Is it to be retained indefinitely, or does it follow a specific course of action? The process and decision-making can become quite complex.
With sound e-discovery practices, however, the task can be somewhat simplified. E-Discovery or electronic discovery refers to the process where electronic data is sought, located, secured, and searched with the intention of using it as evidence in a civil or criminal legal case. The Association of Certified E-Discovery Specialists provides detailed insights into the process of managing data post-litigation hold on JDSupra.
While this article does not provide a step-by-step guide on handling data post-litigation hold, it provides a thoughtful starting point for examining how corporations and law firms could approach the matter. It’s always essential to remember that the actions taken in this phase could potentially have legal implications on a company’s future, so it is of utmost importance to tread carefully.
Dealing with litigation hold and the subsequent steps, is, as many in the legal profession know, a task that requires strategy and foresight. Therefore, the careful management and decision-making regarding the data that were once under litigation hold demand equal, if not more, attention.