Matthew Verga, XDD: Identification and Preservation Fundamentals Series Part 5

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The Role of Legal Holds, Identification and Preservation Fundamentals Series Part 5

A multi-part series on the fundamentals eDiscovery practitioners need to know about the identification and preservation of potentially-relevant ESI

by Matthew Verga, JD, Xact Data Discovery

In “In the Beginning,” we reviewed the importance of effective identification and preservation as well as the triggers for doing so.  In “Legal and Technological Scope,” we reviewed the scope of what must be identified and preserved.  In “Imagining the Possibilities,” we reviewed the first steps for identification.  In “Investigating the Realities,” we reviewed the investigative aspects of identification.  In this Part, we discuss the role of legal holds in preservation.

Once you’ve completed your imagination and investigation activities, once you have identified the potentially-relevant materials within your organization, you are ready to take steps to actually preserve those materials.  The first and most important of those steps is the issuance of a legal hold instructing the custodians of potentially-relevant materials regarding the need to preserve them.

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