I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities [updated January 2016]. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI), particularly in product liability matters.
The duty to preserve ESI and other evidence arises once litigation or an investigation can be reasonably anticipated. This duty has been addressed repeatedly in published opinions over the past few years and is well established across all litigation areas, including product liability. Nevertheless, as an e-Discovery practitioner, I receive a steady flow of inquiries from clients and fellow attorneys who are seeking to confirm whether a legal hold should be issued and, if so, the exact steps they must take to ensure defensibility.