FREQUENTLY ASKED QUESTIONS

Failure to properly implement a defensible legal hold process can lead to court fines and sanctions for spoliation or failure to produce documentation.  This can include an adverse inference against you, essentially instructing a jury to assume that the information you failed to produce was incriminating.

In addition to the risk of fines and sanctions you mitigate in court by having a defensible policy, a robust hold program that includes both Legal and the business will help you more accurately identify responsive material, and reduce the overall costs of document review, which can be substantial, in some cases more than the value of the litigation itself.