As demonstrated by CODISCOVR’s Case Law Aerts, judges are imposing sanctions for failures in data preservation and discovery readiness. In today’s litigation environment, organizations that lack clear, defensible and enforced information governance protocols—especially around data retention, legal holds, and deletion—are finding themselves vulnerable to adverse rulings, which include monetary penalties, evidence preclusion, or even default judgments. The rise of instant messaging, ephemeral messaging, and cloud-based collaboration platforms has only intensified the risk landscape.

To mitigate these exposures, companies should take proactive steps to assess and strengthen their eDiscovery posture. This includes ensuring legal hold processes are automated and consistently enforced, aligning data retention schedules with actual business practices, and conducting periodic audits to confirm compliance. Courts are no longer giving the benefit of the doubt where data is lost or inaccessible due to poor governance. Investing in litigation-readiness now can significantly reduce both legal risk and response costs when a dispute arises.

If your organization is seeking support with an eDiscovery readiness plan or anything else related to information governance, our team has solutions to assist clients in their efforts to maximize the usefulness of information assets while minimizing the cost and risk associated with their use. At CODISCOVR, we deliver client-focused, defensible, and solutions that are tailored to each organization’s specific needs. Reach out to Nicholas Berenato, Information Governance Principal, CODISCOVR. Nick is an attorney that collaborates with clients to address legal and financial exposure from their information assets through information governance. He develops strategies and policies to enable clients to effectively manage their data in a manner that minimizes costs and allows clients to leverage their data to support their business processes.