Preserving evidence in a correct and timely manner is almost as important as the evidence itself. Case law shows that most sanctions are levied in cases involving ESI because of inadequate procedures in triggering and complying with litigation holds. The courts have put the onus of implementing and enforcing litigation holds on the corporate client (although outside counsel still has significant responsibilities). This is easier said than done.
LSI offers many ways to help preserve evidence and comply with litigation holds: