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.