Reasonable Anticipation of Litigation Under FRCP 37(e): Triggers and Limits | Practical Law
A Practice Note addressing the factors for identifying when a party should reasonably anticipate litigation and when its duty to preserve relevant documents and electronically stored information (ESI) is triggered. This Note also discusses the key steps counsel should take when handling preservation efforts to help protect a client from sanctions under FRCP 37(e), including determining the proper scope of ESI preservation once litigation is reasonably anticipated and tips when lifting a litigation hold.