LitSavant Ltd - Thinking outside the box ...
Along the South Bank, London, UK

Litigation Readiness

LitSavant provide strategic and pragmatic advice to in house counsel and companies. Our advice can be split into two main categories - planning for dispute resolution (so-called litigation readiness) and assisting in the context of an actual dispute.

In terms of litigation readiness, our services include:

  • assisting in the design and implementation of litigation readiness procedures (document retention policies, backup tape management, document and records management)
  • selecting and implementing technology suitable for litigation hold
  • selecting and implementing technology solutions for Early Case Assessment (ECA)
  • implementing some or all of the edisclosure processes in-house (advising on the feasibility, implications, staffing and costs)
  • staff training on some or all of the above

In the context of an actual piece of litigation, we can advise on:

  • formulating defensible strategies for data collection, so as to minimise the amount of data that needs to be collected for any given investigation and the business disruption and cost in collecting it
  • the initial identification, preservation and collection of documents for disclosure (whether for disclosure, responding to a regulator's request or a court order)
  • identifying strategies to predict and contain the costs of legal review
  • the identification of third parties to provide EDD and other litigation support services
EDD / Processing
Electronic Document Disclosure/Discovery: the process of preparing electronic documents for loading into a Litigation Support System.
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EDD / Processing

Electronic Document Disclosure/Discovery: the process of preparing electronic documents for loading into a Litigation Support System.  This involves extracting individual emails from mailboxes, unzipping zip and other archive files and extracting the metadata from them.  Metadata is often then inserted into a Load File to allow the data to be input into a litigation support system

Duty to preserve evidence
It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation ...
US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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Duty to preserve evidence

It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation.

"[O]nce a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents."

A plaintiff's duty is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.

US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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