Retention Policies & eDiscovery
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 …