K&F ESI Sentinel

As described in Zubulake v UBS Warburg, LLC, 229 F.R.D. 422, SDNY (2004), parties have three obligations at the outset of litigation or whenever litigation is reasonably anticipated.

•	Counsel must issue a written litigation hold.
•	Counsel must communicate directly with key players in the litigation regarding their preservation duties.
•	Counsel should instruct all employees to produce electronic versions of their relevant active files as well as ensure that all relevant backup media are preserved and secured in a safe place.  In addition, counsel must take affirmative steps to monitor compliance so that all sources of discoverable information are identified and searched.

Although seemingly straightforward, the reality of properly executing a litigation hold is considerably more complex. Numerous pitfalls must be successfully navigated such as the following.

•	How capable is counsel in learning the client's information systems and determining that all sources of discoverable information are identified and searched?
•	How knowledgeable are client or counsel about the best tools and methods for effectively and economically preserving potentially relevant information after its existence has been identified?
•	Is it wise to rely on the client's information technology personnel when they are not trained or experienced with the intricacies of litigation in general or litigation holds and evidence preservation in particular?

K&Fs ESI Sentinel is part of the firm's e-discovery services. It provides both client and counsel with all of these important capabilities. K&Fs expertise in forensic technology and ESI issues enables it to provide the technical skill necessary to ensure that litigation holds are properly designed and executed as well as discuss with both counsel and client personnel in their respective languages the requirements and accomplishments of the process.