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Comments Sought on Updated Legal Hold Guidelines

December 19, 2018

By: Holly A. Dyer

The Sedona Conference is currently seeking public comment from interested parties on Commentary on Legal Holds, Second Edition: The Trigger & The Process. The Commentary is a project of Sedona’s Working Group on Electronic Document Retention & Production (Working Group 1).

The Commentary sets forth twelve guidelines with supporting illustrations to assist parties in complying with the duty to preserve discoverable information. The second edition takes into account recent updates to The Sedona Principles, the 2015 amendments to the Federal Rules of Civil Procedure, and the impact of data protection laws.

The Public Comment Version can be accessed by the public here or generally at The Sedona Conference website. Comments should be submitted by February 8, 2019. A handout explaining the commentary can also be viewed here or in the PDF below.

The Sedona Conference is a nonprofit research and educational institute dedicated to the advanced study of law and policy in areas including complex litigation.  Its Working Group Series pursues in-depth study of challenging issues facing our legal system. Foulston Siefkin partner Holly Dyer is a member of Working Group 1, whose mission is to “develop principles, guidance and best practice recommendations for information government and electronic discovery.”  She is also a member of Working Group 12 – Trade Secrets.


This document has been prepared by Foulston Siefkin for informational purposes only and is not a legal opinion, does not provide legal advice for any purpose, and neither creates nor constitutes evidence of an attorney-client relationship.

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