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Preserving Documents and Electronically Stored Information Toolkit
Practical Law Toolkit w-020-7440 (Approx. 8 pages)
Preserving Documents and Electronically Stored Information Toolkit
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel preserve documents and electronically stored information (ESI) when they anticipate litigation or an investigation. These resources provide guidance on the timing and scope of the duty to preserve, developing a preservation protocol, preserving common types of ESI, and the standard for spoliation sanctions in federal civil litigation.
When an organization anticipates or becomes a party to litigation, an investigation, or an audit, it must develop and implement a protocol to preserve relevant information (preservation protocol). A preservation protocol involves, in part:
- Suspending the organization's routine document deletion processes that may impact relevant information.
- Issuing a litigation hold (legal hold) to direct involved employees to preserve, without modification, relevant hard copy documents and electronically stored information (ESI) within their control.
- Requesting that opposing parties and nonparties preserve potentially relevant documents and ESI in their possession, custody, or control.
This Toolkit includes resources designed to help counsel develop and execute various aspects of a preservation protocol.
For resources related to the litigation hold process, see Litigation Hold Toolkit.