As electronic discovery has become more prevalent and voluminous, national standards for the preservation of evidence have evolved dramatically in the past decade. Through a proliferation of electronic discovery orders involving discovery compliance, courts have addressed when the duty to preserve evidence arises, signifying a party’s duty to issue a “litigation hold.” Courts have not answered, however, whether a party can withhold documents generated before issuing a litigation hold on the basis of work product protection.
USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Frost Brown Todd LLP, Work-product doctrine, Discovery, Motion to compel, eDiscovery