The document discusses new rules under the Federal Rules of Civil Procedure regarding electronically stored information (ESI) and litigation holds. It notes that the 2006 amendments require lawyers to discuss ESI during initial planning conferences and include ESI in initial disclosures. Failure to institute a litigation hold and preserve potentially relevant ESI when litigation is reasonably anticipated can result in severe sanctions, including adverse inference instructions and millions in damages. The document provides best practices for organizations to develop an ESI retention policy and storage configuration to safely manage ESI and qualify for the "safe harbor" provision against sanctions.
Email Application files Voice mail Instant messages Web pages Within your organization’s IT System hard drives, laptops, servers, voice mail, back-up systems Outside of your organization’s IT System home computers, cell phones, pda’s, flash drives, the internet…
RESULTING IN
A litigation hold is a communication within an organization ordering that all information relating to a dispute that is the subject of current or reasonably anticipated litigation be preserved for possible production in the litigation.
Profile ESI and relevant communication and storage system infrastructure Assess infrastructure needs and automated software tools Develop storage strategy that is consistent with RMP