7. Avoid false alarms where there are only rumors or vague threats of litigation; threats made by a discredited plaintiff, or where the threats lack credibility.When Does the Duty to Preserve Arise? Anticipating Litigation
8.
9. “Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a ‘litigation hold’ to ensure the preservation of relevant documents.” Id. at 218.Legal Duties: The Duty to Preserve
74. Discuss scope of the litigation hold/resolve issues & problemsRule 26(f) Conference Federal Rule Of Civil Procedure
75.
76.
77. (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;
78. (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and
79. (iii) A party need not produce the same electronically stored information in more than one formRule 34(E)Federal Rule of Civil Procedure