Preservation Strategies to Address the Advent of New Technologies

Preservation in the context of litigation is fraught with risk in light of newer communications and technology platforms. On June 19, Winston & Strawn and the Association of Corporate Counsel (ACC) co-hosted a panel that explored the case law and best practices around the preservation of electronically stored information, including:

• How is “reasonable steps” to preserve defined and applied in practice under the federal and state corollary rules of procedure?
• Is reliance on a legal hold notice alone enough to satisfy a company’s preservation obligations?
• What automated steps can you take to implement preservation across your enterprise or particular aspects of your information technology platform?
• What are some of the challenges to preservation of newer collaboration platform such as SLACK and MS Teams?
• What are best practices around the preservation of mobile device-based ESI?
• How should you address preservation risks around web-app communications platforms such as WhatsApp and Signal?

Winston & Strawn panelists included John Rosenthal, Jason Moore, and Marcia Bobb. Jeff Wilkerson moderated the discussion.

This program was approved for 1 hour of Technology CLE credit in North Carolina. Residents of other states will receive their CLE certificates directly from ACC following the webinar.