As demonstrated by vigorous debate at the recent Federal Rules Advisory Committee's Mini-Conference on Preservation and Sanctions, corporate America has faced an uncharted and rugged discovery landscape since the onset of the electronic era, giving rise to more questions than answers as to how to properly manage pre-litigation and ongoing e-discovery obligations. Now, with the proliferation of countless new devices and sources of electronically stored information, the need is greater than ever for proactive measures and creative strategies to hit preservation obstacles and obligations head-on. Implementing a policy to manage litigation holds - from issuance to release -- is a significant step that companies can take to minimize business interruptio and ensure the reliability and defensibility of a company's preservation efforts. Components of a well-constructed litigation hold policy include:

• identifying the triggering event,
• identifying sources of potentially relevant data,
• defining the scope of the hold,
• developing communication procedures,
• tracking and documentation,
  and
• lifting uneeded holds.

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