Please note that this publication is over 15 years old. Despite the many changes that have occurred since its release, the information it contains remains beneficial. Therefore, for the sake of historical reference, we've made it freely accessible in our bookstore.
This paper is a comprehensive review of spoliation, legal holds, and the general obligation to preserve information, particularly in the context of potential litigation. It elaborates on the Sedona Principles and the new and revised Federal Rules, which serve as guidelines for determining the extent of litigation holds for electronic documents. Author John Isaza discusses the factors that influence the penalty for spoliation, the repercussions of spoliation, and the expansion of the spoliation doctrine beyond litigation cases. With examples of events that could trigger potential litigation, it explores the challenges in accurately determining the scope of legal holds. The document also provides case studies to demonstrate the range of legal holds, encompassing various types of records and documents that may need preservation. Additionally, it references a case involving Rambus to highlight the unpredictable nature of the spoliation doctrine.