Preservation Letters
It is becoming commonplace for a party who seeks information in a dispute to issue a preservation letter to the adverse party that it will eventually be seeking information from. Many larger entities receive letters such as these on a regular basis. It is the position of this body that these letters should be viewed as an opening offer in a negotiation process that will ideally lead to a mutually agreed upon case management order that a judge or other authority will endorse. Both sides can benefit from early, upfront discussions regarding the scope of preservation.
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Preservation Letters 
It is becoming commonplace for a party who seeks information in a dispute to issue a preservation letter to the adverse party that it will eventually be seeking information from.
Importance of Realistic Preservation Letter
When requesting that the other side preserve certain electronic data, it is vitally important that the request be tailored to cover only the documents that are important or relevant to one's case.
Challenging Preservation Orders
Because the duty to preserve is rather amorphous and perhaps meant to be over-inclusive as a matter of public policy, it is important to carefully weigh the decision to contest a preservation letter if an agreement cannot be reached.
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