Extract from Onna’s article, “What’s the hold up? Five ways to optimize your legal hold process“
Legal holds, the process of notifying custodians to preserve relevant documents and data for potential litigation or regulatory investigations, are essential to eDiscovery compliance. They are critical for safeguarding companies against data destruction and the expense of spoliation sanctions. However, when parties don’t approach litigation holds strategically, they can quickly become a drain on resources.
In this blog, we’ll consider five practical legal hold strategies that businesses can adopt to significantly reduce the time and costs associated with data preservation while ensuring compliance.
1. Educate employees on legal hold obligations
Employee awareness is pivotal to ensuring successful legal holds. In fact, a federal appellate court recently affirmed a trial court’s decision that a party acted in bad faith when it “took no action” to educate custodians about a legal hold. This inaction led to the destruction of cell phone data due to routine records retention protocols.
An informed workforce is more likely to adhere to legal hold directives, reducing the risk of accidental data destruction and subsequent legal complications. Well-trained employees understand the importance of avoiding deleting, modifying, or ignoring potentially relevant information. Additionally, fostering a culture of compliance through training can lead to more vigilant employees, further safeguarding the organization.
