While I think you should just read the whole thing, here's a high level overview of whet they think a new e-discovery rule should address:
- Triggers: When is the duty to preserve electronically stored information (ESI) triggered?
- Scope: What must be preserved, relevant timeframe, form in which to store it, etc.
- Duration of the hold
- Ongoing Duties
- Litigation hold is evidence of due care
- Work product/privilege issues
- Consequences for failure (ex. Sanctions)
- Judicial determination of issues
Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.