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Zapproved Publishes In-Depth Analysis of Judge Scheindlin's "Pension Committee" Opinion and Its Impact on Legal Hold Processes
| Quelle: Zapproved Inc.
PORTLAND, OR--(Marketwire - January 29, 2010) - Zapproved Inc., a Software-as-a-Service (SaaS)
provider with a platform that adds accountability to business
communications, announced today that it has released "The Pension Committee
Opinion: Judge Scheindlin's Call to Action for Effective Legal Holds." The
in-depth analysis was authored by Brad Harris, Director of Legal Products
for Zapproved, and legal hold expert, John Jablonski, Partner at Goldberg
Segalla LLP. The analysis interprets the opinion and its practical effect
on the duty to preserve evidence in the United States and the contemporary
standard for litigation hold processes developed by courts over the last
few years. The 14-page paper, part of the Legal Hold Pro™ Signature
Series, is available immediately at no cost at
www.legalholdpro.com/scheindlin.
On January 11, 2010, Judge Shira Scheindlin issued an opinion in "The
Pension Committee v. Banc of America Securities" case that strongly affirms
the need for organizations to issue written litigation hold notices as part
of a robust litigation hold processes. Following Judge Scheindlin's
seminal "Zubulake" opinions in 2004, this blockbuster 89-page opinion
revisits many of the issues around legal preservation. The opinion
concentrates on the weaknesses of the legal hold efforts of the plaintiffs
in the $550 million securities litigation. Among the key rulings by Judge
Scheindlin is that "the failure to issue a written hold constitutes gross
negligence because that failure is likely to result in the destruction of
relevant information." (p.36)
"This is clearly a landmark opinion and since it was issued I have been
receiving a lot of calls seeking an interpretation of the opinion," said
Jablonski, co-author of "7 Steps for Legal Holds of ESI and Other
Documents" (ARMA, 2009). "We worked extremely hard over the last two weeks
to conduct a thorough analysis which we believe will serve as a guidepost
to help corporations and others understand the real world implications of
'The Pension Committee' opinion. The report includes a checklist of legal
hold duties created or discussed by the opinion and recent cases that
corporations and their lawyers can review to help meet the litigation hold
expectations of the modern court."
"John and I wanted to go beyond a play-by-play of Judge Scheindlin's
opinion and illustrate how this case will impact in-house legal teams and
outside counsel," said Harris. "Judge Scheindlin effectively redefined the
'contemporary standard' of litigation holds so we felt it was imperative to
communicate that to the legal community immediately."
At the upcoming LegalTech show in New York at the Hilton New York from
February 1-3, 2010, complimentary printed copies of the report will be
available while supplies last in Booth #320 where Zapproved will be
demonstrating its Legal Hold Pro product. John Jablonski will present on
Monday, February 1, at 4 p.m. at LegalTech and will discuss "The Pension
Committee" opinion in the course of that session about legal holds.
For further comment on the decision or the state of legal hold requirements
in the United States, contact attorney John Jablonski at (716) 566-5469 or
send an email to jjablonski@goldbergsegalla.com.
For more information about Legal Hold Pro, visit www.legalholdpro.com or
send an email to info@legalholdpro.com.
About Zapproved Inc.
Founded in February 2008, Zapproved is a Software-as-a-Service (SaaS)
provider based in Portland, Ore., with a platform that adds accountability
to business communications. Zapproved's first products focus on targeted
compliance workflows that reduce liability risk in legal and regulatory
compliance. The company is expanding its product line to create a suite of
applications that address additional compliance issues and workplace
collaboration. To learn more, visit www.zapproved.com/aboutus.