Posts Tagged ‘Spoliation’

So what is discoverable and therefore subject to a litigation hold in federal civil litigation? The short answer is anything is potentially discoverable.

What does this mean to potential targets of civil litigation for discovery? It means you must take into consideration all sources of potentially responsive data within your corporate infrastructure.

I am constantly asked what retention periods the federal rules of civil procedure (FRCP) stipulate for email. In the first place, the FRCP are, in effect, the manual on civil court proceedings. BY this I mean it directs how the court will be run, how defense and plaintiff’s counsel will interact, requirements on procedures and timing and how discovery will be managed etc.

Litigation is a major problem these days for businesseswith a significant portion of the cost being the cost of finding and reviewing electronically stored information (ESI) for both Early Case Assessment (ECA) as well as eDiscovery Request response.

An Early Case Assessment capability provides you with 4 key benefits:

1. It provides an early indication of the merits of the case