The Increasing Stakes of Electronic Information Governance
In modern commercial litigation, the preservation and production of electronically stored information (ESI) frequently determines case outcomes. A party that fails to timely suspend automated data deletion protocols faces severe spoliation sanctions under federal and state rules of civil procedure.
Implementing an Effective Litigation Hold
As soon as litigation is reasonably anticipated, corporate entities must issue a written litigation hold to relevant employees and IT custodians, disabling automatic destruction of emails, messaging logs, and cloud documents.