Discovery Resources

Lessons Learned about Electronic Preservation of Relevant Data for Reasonably Anticipated Litigation

By Frank Gonnello, Jr.

Peskoff v. Faber, 251 F.R.D. 59 (D.D.C. 2008)

Employee Implicated: Owner/Executive

eLesson Learned:  Make all reasonable efforts to preserve relevant data for pending or reasonably anticipated litigation, and if you can’t, be prepared to explain why.  This includes having a data management protocol in place for managing the routine maintenance and deletion of data, stopping automated maintenance mechanisms and hiring experts to handle the preservation of relevant data at first notice of potential litigation, and performing a thorough search of discoverable data on the first attempt.

I’m only a semester into law school.  In fact, I haven’t even received a continue…

Editor’s note: DiscoveryResources.org is excited to announce the addition of Fernando Pinguelo and his students at Seton Hall University Law School as authors of the new “e-Lessons Learned” blog located in the “Community” section of DiscoveryResources.org.

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e-Lessons Learned . . . When I considered the thought of whether I should blog, a friend offered a great piece of advice: “Don’t . . . unless you feel strongly about a topic and can contribute meaningfully to its discourse.” 

The first half of the sage advice was easy.  Over the past couple of years, I’ve devoted a significant part of my professional (and personal) life to understanding the issues and pitfalls posed by continue…

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