Anticipating and Responding to Litigation

Thursday, October 21, 2010 by Thought Leadership Team

In today’s digital world, organizations must manage data in a manner that mitigates legal risk and possible sanctions for failure to safeguard and preserve potentially relevant electronically stored information (ESI). According to Kroll Ontrack's Year in Review report, approximately 40 percent of all ediscovery cases in 2009 involved claims for sanctions against parties that allegedly failed to comply with discovery obligations. Of the cases involving a claim for sanctions, 66.67 percent addressed an alleged failure to properly preserve ESI. The growing body of statutory and common law regarding electronic discovery instructs litigants that the best defense against sanctions is to take proactive measures to fully comply with future discovery obligations. Corporations can act proactively to avoid spoliation by thoughtfully managing data in a manner that contemplates a swift and effective response.

Read more about best practices for preparation and response to ESI requests, and explore the proper roadmap for complying with preservation obligations. Visit today.