Ballard Spahr partner Philip N. Yannella cites data preservation as one of the trickier aspects of eDiscovery because decisions must be made in real time, adding, “Those decisions will be viewed two or three years down the line with the benefit of hindsight. It’s easy for courts to second guess and the consequences are very high.” He said he’d beware anyone making an unqualified decision on preserving everything from the outset, and that it depends on the client’s own policies on data preservation and the issues in the case.

Although the law is clear on when to back up information, “the line gets murkier when you deal with more exotic types of data streams,” Mr. Yannella said.

Related Practices

E-Discovery and Data Management
Litigation