10 Steps to Effective Litigation Holds
I just came across Jeffrey Beard's white paper on litigation holds, a must read for folks relatively new to e-discovery and a good idea for those who have more experience. It concludes with 10 best practices for litigation holds. He emphasizes planning ahead for e-discovery, strategies for putting the hold in place (categorize ESI with respect to potential spoliation), and ongoing communication. He also argues that litigators can use the Rule 26 hearing as an advantage by setting the scope of discovery, a refrain I've been singing for some time.