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A Guide to Electronically Stored Information Preservation Responsibilities

A Guide to Electronically Stored Information Preservation Responsibilities Featured

Co-authored by Thomas W. Tobin

The litigation-related duty to preserve relevant evidence, including electronically stored information (ESI), is well established and widely known in the legal community and the business world. Despite broad familiarity with this obligation, many corporate litigants have recently been subjected to severe sanctions due to an increasing judicial intolerance for the failure to preserve ESI. While some such sanctions involve the imposition of legal fees, in many instances courts have issued severe adverse jury instructions, effectively destroying a litigant’s chance of prevailing or waging an effective defense.

In today’s legal climate, even a company’s seemingly innocent delay in implementing an appropriate method to preserve ESI may be catastrophic. As a result, the duty to preserve relevant evidence, including ESI, is too important to ignore, not only for those individuals engaged in litigation on a daily basis but also for company management seeking to control costs and expenses.

This white paper guides litigants through their responsibilities to preserve evidence and provides valuable information on implementing a defensible legal hold process. While reading this paper is an important first step, there is no substitute for a thorough discussion of your specific circumstances as they relate to the matter.

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Last modified on Monday, 08 December 2014 22:20

Daniel M. Braude

Daniel Braude's practice, at Wilson Elser, centers around complex litigation involving product liability and commercial disputes, with a focus on related electronic discovery and document preservation issues. In addition to being a founding member of the firm’s e-Discovery practice, Dan is also involved with the firm’s Product Liability and Railroad Practice Groups.In the products liability field, Dan represents manufacturers in the transportation and recreational products industries in both federal and state courts. His notable experience includes case management and coordination of defense efforts in pattern litigation and appearing as coordinating counsel at depositions around the country. In matters pertaining to the railroad industry, Dan’s practice frequently involves technical issues related to rolling stock components in the context of both product liability and commercial disputes.Through his involvement in the firm’s e-Discovery practice, Dan serves as a resource both within the firm and for clients on a wide-range of topics relating to electronically stored information (ESI). In his e-Discovery work, Dan manages electronic document review efforts and supervises teams of contract attorneys on large scale review projects. Additionally, Dan counsels clients on electronic document retention issues and he designs legal hold procedures to assist clients with defensible and cost-effective ESI preservation.

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