Bloomberg BNA: Overpreservation in Response to the Duty to Preserve: Fact or Fiction or Both?

What happens when the duty to preserve is “triggered” and, in response, an organization must preserve, among other things, large volumes and/or multiple “forms” of electronically stored information (ESI)?

Many argue that “overpreservation” of ESI is now the norm. When an organization reasonably anticipates the prospect of litigation, often before a formal complaint, the organization, out of fear of a subsequent allegation of spoliation, preserves “everything,” at an enormous cost.

Is this true? Or is overpreservation a rallying cry for those who would limit discovery? What role does or should proportionality have in the decision of what to preserve? Can this issue be addressed through changes to Rules of Procedure or other legal developments? This program explores these and related questions.

Jeane Thomas is one of the panelist at this webinar.