Fourteen years ago, Judge Shira Scheindlin announced in Zubulake v. UBS Warburg that companies have a duty to preserve relevant data from the time they reasonably anticipate that a claim will be made.

Since then, legal departments have struggled with managing legal holds and preserving evidence from hundreds or thousands of custodians over time spans that could last for years. A poorly executed hold can result in business disruption, unnecessary costs and spoliation.

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The Sedona Conference recently released the Second Edition of its Guidelines for Legal Holds for public comment. Our speakers, including a drafting team leader on the project, will speak about the Guidelines and the following topics:

  1. The evolving law of legal hold and preservation obligations;
  2. How to effectively manage legal holds across multiple custodians;
  3. Consequences for failing to meet legal hold obligations; and
  4. Dealing with international employees subject to legal holds.


Tracy Drynan
Jennifer S. Coleman | Shareholder | Hopkins Carley

Jennifer is a trial lawyer and member of Hopkins & Carley’s Intellectual Property and Litigation Practice. She represents clients in complex litigation cases, including patent, copyright, trademark and trade secret litigation. Jen also has significant experience with federal and state court e-discovery issues and has received an LPM LaunchPad™ Certificate in Fundamentals of Legal Project Management and an Advanced Certificate of Achievement in the LPM Institute Legal Project Management Advanced Course. Jen is a member of The Sedona Conference Working Group on Electronic Document Retention & Production (WG1), on the Steering Committee for WG1, and a member of The Sedona Conference Working Group on Trade Secrets (WG12).  She is an Adjunct Professor at Golden Gate University School of Law, teaching e-discovery, and is a member of the Duke Law School EDRM Advisory Council.

Thomas Gricks
Thomas C. Gricks III | Managing Director, Professional Services | Catalyst

A prominent e-discovery lawyer and a leading authority on the use of technology-assisted review, Tom is managing director, professional services, at Catalyst. He advises corporations and law firms on best practices for applying technology to reduce the time and cost of discovery and investigations. Tom has more than 25 years’ experience as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the E-Discovery Practice Group. He was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel.

Gina Trimarco
Gina Trimarco | Senior Attorney | DLA Piper 

Gina Trimarco is a litigator who represents a wide array of clients in a variety of complex litigation involving financial services, health care, consumer fraud act, insurance, contract claims and employment matters. Gina also counsels clients about all aspects of information governance, from e-discovery and records management to data privacy. She has more than 10 years of experience with project management and has served as national coordinating discovery counsel. Gina leverages this experience to provide advice on policy, process and technology to reduce cost and risk. She is a member of The Sedona Conference® Working Group on Electronic Document Retention and Production and a drafting team leader on The Sedona Conference Commentary on Legal Holds, Second Edition: The Trigger & The Process.


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