Inertia and legal holds

Okay.  I can understand that the government wants the court to seal the record when the gov’t asks for surveillance of a suspected drug dealer’s cellphone.  I mean, they don’t want the drug dealer to know he or she is being investigated.  But does the request need to be hidden after the drug dealer is convicted?  Do the court seals evaporate automatically over time?

“Long-Term Secrecy Surrounds Monitoring,” Wall Street Journal, October 1, 2014 A2. Request made in 2007.  Conviction is 2012.  Request unsealed after WSJ motion in 2014.

This reminds me of an frequent issue with legal holds.  They get established, and monitored for a while.  But do they ever get lifted or released?  Who’s going to ask for their removal?  The lawyers who requested them have moved on to other matters.

Should the request to seal (or the legal hold) automatically expire unless renewed?  Otherwise, does inertia take over? Or do we wait for WSJ makes a motion?

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Filed under Controls, Discovery, Internal controls, Protect, Third parties

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