ESI Management and E-Discovery Approaches: The Pre-Litigation Duty to Preserve

In December 2008, Buchanan Ingersoll & Rooney attorneys Jayson R. Wolfgang — a shareholder in the Litigation Section of the firm's Harrisburg office and chair of the E-Discovery Team — attended a Counsel to Counsel forum, presented by LexisNexis Martindale-Hubbell. He presented "ESI Management and E-Discovery Approaches: The Pre-Litigation Duty to Preserve." 

The "Best Practices" presentation covered some of the challenges Buchanan's E-Discovery Team has recently teamed up with our clients to address, including:

1. When does the pre-litigation duty to preserve arise?
2. What are some examples of situations where a pre-litigation duty to preserve has risen?
3. How should the pre-litigation hold process be implemented?