As ESI (Electronically Stored Information) is routinely changed or deleted in the normal course of network operations, custodians may alter or delete data unless notified of their obligation not to do so. As soon as a party reasonably anticipates litigation, that party has an immediate obligation to preserve both hard copy materials and ESI relevant to the subject matter. It’s important to note that Courts pay close attention to this obligation, and failure to satisfy may lead to claims of spoliation.
We can help guide you through a prompt and concise plan to effectively notify custodians, and implement an affirmative action that will prevent the automatic alteration or deletion of data in order to prevent the loss of relevant ESI.
At Hur & Company, we recognize the importance of your litigation history – because it’s one of the factors that courts may consider in analyzing when a preservation duty arose in a particular matter. We advise our clients to err on the side of “preparedness” whenever doubt exists to deploy a comprehensive preservation method when the standard of “reasonable anticipation” has been met with respect to litigation.
LITIGATION HOLD PLANNING AND MANAGEMENT
When litigation is reasonably anticipated, you are legally bound to hold and preserve all relevant electronic information. Legal holds can also be imposed as part of audits or regulatory investigations. We can help you determine what is relevant in a legal hold, and cull and manage the required electronic data in a defensible manner.