Retaining data that may be used in a legal action. A litigation hold, also called a "preservation order," overrides the normal storage management procedure and ensures that certain data are maintained intact from that point forward.
The most significant flaw shared by all thirteen of the plaintiffs targeted by the defendant's spoliation motion was that none instituted a written litigation hold until 2007--four years after the duty to preserve relevant evidence was triggered.
However, with the advent of computers and the complex methodologies for storing and retrieving documents electronically, the litigation hold has become one of the most hotly contested aspects of civil discovery.
Determining the scope of the litigation hold (including subject matter and issues, key players, location of data and relevant time periods) and promptly stop automatic destruction processes until the proper scope can be determined.