How to Preserve Data When You Can’t Trust Your Adversary

“All parties to a lawsuit are supposed to preserve documents and data once they reasonably anticipate litigation. We all know that does not always happen. Hackers and data thieves try to cover their tracks, intentionally destroying relevant data. But sometimes it’s a crime of negligence, allowing valuable data to be written over in the ordinary course of business operations. When evidence is in genuine danger of being lost, you cannot wait until a Rule 26 conference to discuss how data was – or more likely was not – preserved. Unfortunately discovery often begins months, or even years, after a complaint is filed. There is a better way. Steps can be taken to preserve data, prior to the start of discovery, and even prior to the commencement of litigation.”