Litigation: How to make your life easier

3 steps you can take to make preservation compliance as effective and painless as possible

So much has been written about the duty to preserve electronic evidence that there is little room left for original scholarship. Simply stated, the duty arises when litigation is reasonably anticipated. Compliance can be shockingly expensive, yet counsel and litigants who fall short of the court’s expectations could pay a heavy price, including monetary sanctions, default judgments and adverse instructions to the jury, to name just a few.

The miasma of rules and rulings that have followed the now familiar series of opinions issued by Judge Shira Scheindlin in Zubulake v. UBS Warburg LLC have turned the early stages of litigation into a logistical and financial nightmare for inside counsel, who must balance their obligations to the court with the often inconsistent fiscal demands of their clients. In this article, we focus on three steps you can take before the duty to preserve arises to ensure that compliance will be as efficient, effective and painless as possible.

2.      Create and enforce a document retention/destruction policy.

Contributing Author

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Alan Freeman

Alan Freeman is a partner in the Washington, D.C. office of Blank Rome. He advises and represents clients in a wide range of industries, including...

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Contributing Author

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Paul M. Honigberg

Paul Honigberg is a partner in Blank Rome’s litigation practice. He has more than 30 years of experience litigating a variety of complex civil cases...

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