Legal Holds 2.0

Last year, we introduced our Legal Holds module, which enables legal departments to confidently implement a defensible and repeatable process for legal holds, with automated workflows and integrated reporting that delivers visibility into the legal holds process and reduces organizational risk. At that time, I wrote about the benefits of the new module and how it could help legal organizations increase efficiency and control costs. Wolters Kluwer’s ELM Solutions has now released Legal Holds 2.0, an update to the module that improves transparency and adds workflow options for even better legal holds management.

Integrating seamlessly with Passport® or TyMetrix® 360°, the Legal Holds module from Wolters Kluwer’s ELM Solutions arms your legal department with a systematic, repeatable, and automated process that ensures consistent execution and dependable outcomes for your litigation holds. By automating processes that many legal departments had previously executed manually, the Legal Holds module offers increased efficiency with data identification and collection, improved execution speed in issuing and releasing holds, and significantly fewer errors in tracking custodian acknowledgements.  In addition, it improves defensibility by offering auditing and reporting functionality that can demonstrate to courts compliance with applicable legal standards.

For those departments that previously used a full-blown e-discovery solution, the Legal Holds solution streamlines infrastructure costs while delivering the critical outcome required – proof of good faith effort to preserve evidence.

Legal Holds 2.0

Building on that foundation, Legal Holds 2.0 introduces additional features that give legal departments even better visibility into and control of their legal holds. Included in the new release, you’ll find:

Per-Hold Notification Templates. New per-hold notification templates provide tailored notifications to custodians for each specific hold. The ability to define messaging on the level of individual holds gives legal organizations improved flexibility, oversight, and control of their legal holds. Improved control and automation help mitigate risks related to the hold process.

Proxy Acknowledgments. When a lawsuit occurs or is expected, a proxy is sometimes identified to review and acknowledge legal hold notifications on behalf of a data custodian. For example, this can occur in matters where a C-suite executive or other senior leader is designated as a custodian. New workflows for proxy acknowledgements:

  • Improve custodian response rates, reducing the risk of inadvertent spoliation.
  • Save time and resources by enabling timely and efficient collection of acknowledgements.
  • Simplify and speed the process of sending and acknowledging routine updates and reminders.
  • Create a defensible audit trail of the steps taken in response to a legal hold.

Confidential (Silent) Holds. Some legal holds may be confidential in nature and require the preservation of an employee's data without that person being notified – for example, in the case of employee suits or regulatory investigations. Confidential legal holds ensure that data is preserved without the custodian being alerted, enabling more thorough investigations and preventing issues that can arise when potential internal conflicts are exposed before proper evidence is collected.

ELM Solutions’ Legal Holds module continues to deliver a comprehensive, automated solution that improves the end-to-end process of managing and reporting on your organization’s legal holds. The additional features in version 2.0 provide even greater flexibility to meet your legal department’s specific legal hold needs. 

To learn more about how an automated legal holds solution can help you, download our Legal Holds eBook or visit our Legal Holds page.

About The Author

Lee Matthews

Lee Matthews is the New Ventures Strategy Director at Wolters Kluwer's ELM Solutions, working directly with customers to understand their goals and bring to market new products that help them address their challenges. A member of the product management team, he leverages a blend of business development, technological, and legal expertise to expand the ways in which ELM Solutions engages with customers to help them achieve their organization's business goals.

Lee has been with ELM Solutions since 2009 and was previously a member of the professional services department, where he worked as a strategic consultant with clients. Prior to joining ELM, he was a private wealth advisor to high net worth individuals at Bear Stearns & Co. In addition, Lee is an adjunct professor at the Springfield College School of Health, Physical Education & Recreation. He received his Bachelor of Arts degree from Boston University and his Juris Doctor degree at Western New England College School of...