Webinar: Hold On: Get a Grip on Conducting Effective Legal Holds In a world of new and evolving sources, conducting effective legal holds is more critical than ever. Done properly, legal holds

Identification and preservation are the first and most fundamental phases of an electronic discovery effort. The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.

In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old.

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Eye On Discovery: The Eight Commandments of Data Preservation Since the addition of the e-discovery amendments to the Federal Rules of Civil Procedure in 2006, sanctions for spoliation have risen markedly. This trend seems