Preserve in Place vs. Collect to Preserve

It is black letter law that a party to litigation has a good faith duty to preserve all potentially relevant documents. This duty generally arises when a party knows, or should know, that litigation is likely. To that end, companies execute litigation holds by either preserving electronically stored information (ESI) in place where it was created or immediately collecting the ESI and storing it safely on an evidence server inside the company's network. Which is the better option?

Preserve in Place

Collect to Preserve

The term "collect to preserve" means you collect the evidence as soon as it is practical instead of preserving it in place. By immediately collecting all ESI subject to a litigation hold, you minimize business disruption, mitigate the risk of evidence spoliation, facilitate early case assessment, and get the documents into the hands of legal personnel faster.

Albert Barsocchini

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