This resource is general information and is not legal advice. The right approach depends on the facts, documents, and law applicable to a particular matter.

Preserve what matters

Once litigation is reasonably anticipated, relevant documents and electronically stored information should be preserved. Informal deletion practices can create avoidable problems later.

Control communications

Internal emails written in frustration can become evidence. Centralize communications, identify who is responsible for decisions, and involve counsel early enough to protect strategy where privilege applies.

Map the commercial objective

The legal claim is not always the real objective. Decide whether the priority is payment, performance, an exit, confidentiality, speed, or preserving a relationship. Strategy should follow that objective.