It is black letter law that a party to litigation has a good faith duty to preserve all potentially relevant documents. This duty generally arises when a party knows, or should know, that litigation is likely. To that end, companies execute litigation holds by either preserving electronically stored information (ESI) in place where it was created or immediately collecting the ESI and storing it safely on an evidence server inside the company’s network. Which is the better option?
Preserve in Place
