An Update on Preservation of Electronically Stored Information
As e-discovery matures, it is typically no longer a surprise when outside counsel raises the issue of spoliation and the need to draft and issue a legal hold when a company gets sued. But what counsel may not always appreciate is that it is not just the filing of a complaint that can trigger the need to issue a legal hold—instead, it is whenever litigation is reasonably anticipated. So what does this mean in practice? And are there best practices in-house counsel can implement to ensure that potentially relevant evidence is preserved and to avoid the risk of spoliation claims down the road? This article aims to answer these questions.