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Legal Tech: Effective Preservation Measures In Litigation Readiness

Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.

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Litigation readiness for organizations generally begins with basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians. In some instances, however, the basics may not be enough. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility. Medidata Solutions v. Veeva Systems (S.D.N.Y. Sept. 22, 2021) shows the wisdom of this approach.

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