Electronically Stored Information: Preserving ESI (Federal)

Summary

This practice note discusses the steps a business organization should take to comply with its obligation to preserve electronically stored information (ESI) in anticipated or pending federal civil litigation. Specifically, this note covers topics such as establishing a document retention and destruction policy in advance of litigation; sending a document preservation letter; negotiating a preservation protocol with opposing counsel; issuing a litigation hold notice; creating a litigation hold team; and implementing, enforcing, updating, and monitoring a litigation hold within the organization.