Implementing a Litigation Hold to Preserve Evidence and Avoid Sanctions

By now, businesses are on notice that they have a duty to preserve relevant materials, including electronic communications and information, when they reasonably suspect a dispute will be litigated. The failure to take reasonable steps to preserve evidence can lead to severe monetary and evidentiary sanctions. But what triggers a duty to preserve? And what measures should a company take to demonstrate that it acted in good faith? In this paper, we outline the steps an organization should take to comply with the current standards of conduct set forth in recent court decisions. The purpose is to help organizations understand the nature and scope of the duty to preserve, providing framework upon which to build a litigation strategy that minimizes costs and fosters an efficient resolution of disputes.

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