As Cimplifi discusses in this post, to know when to hold ‘em in eDiscovery entails understanding the basics of ESI preservation.

In their post titled (wait for it!) Know When to Hold Em: Understanding the Basics of ESI Preservation (available here), Cimplifi discusses that the ubiquitous nature of data – from emails and spreadsheets to chat messages and collaborative documents in tools like Microsoft Teams or Slack – makes preservation of ESI perhaps the most critical stage of the discovery process.

When litigation is reasonably anticipated, organizations have a legal obligation to preserve potentially relevant data. Failing to do so can result in severe sanctions, reputational damage, and a loss of judicial credibility. Understanding the basics of preservation – what triggers the duty to preserve, the processes and procedures associated with preserving ESI, and what the Federal Rules require regarding that preservation – is essential to maintain defensibility in the modern data era.

Those are the stakes and many of the cases I cover involve parties failing to execute the basics of preservation. But what does ESI preservation entail? What does a legal hold notice typically include? And when does the duty to preserve begin? Find out here, it’s only one click! Don’t worry, the post is on hold! 😉

So, what do you think? How is your organization managing legal holds? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using Microsoft Designer, using the term “professionally dressed robots at a poker table playing poker with some holding cards”.

Disclosure: Cimplifi is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.