Retention Policies & eDiscovery

By Michael
October 27, 2008

The current preservation laws (which predate the more recent amendments to the FRCP) require companies to hold evidence (electronic or otherwise), not from when a case is filed, but rather from when litigation first becomes likely.  This translates into a hold, or freeze, on a company’s retention policies.  Preservation laws, along with concern of adverse inference (the assumption a company intentionally destroyed information that may be seen as damaging to their interests), create pressure on a company to have solid, reliable management of its electronically stored information (ESI).  Read More …

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