“Romantic” would probably not be the first word — or even the last — that comes to mind when considering the case law and emerging best practices regarding document preservation. Yet, there is an unmistakable parallel between the preservation of documents and the preservation of a romantic union. The same common-sense principles guiding relationships that countless advice columnists have offered also apply to successful document preservation. As many companies still do not have litigation hold processes in place to deal with document preservation,[FOOTNOTE 1] mastering the following basic principles of document preservation is more important than ever, especially considering the steady flow of decisions in 2009 addressing the topic.[FOOTNOTE 2]

Timing is everything. For litigation hold notices, as in love, timing is important. If Romeo waits too long to ask Juliet out, he may find that the object of his affection has moved on to another suitor. A litigation hold notice issued too late — or not at all — can lead to similarly tragic results, in this case in the form of spoliation and sanctions.[FOOTNOTE 3] The first step for a preserving party is to assess the “trigger date” for its preservation obligation. The duty to preserve attaches at the time that litigation is reasonably anticipated — in other words, when a party knew or should have known that evidence may be relevant to future litigation.[FOOTNOTE 4] The trigger date can be no later than the start of the litigation, but may also be sooner.[FOOTNOTE 5] Whether a preservation obligation has been triggered depends on the facts and requires careful analysis.[FOOTNOTE 6]

[continued] Law.com – To Have and to Hold: A Romantic Guide to Document Preservation.