Business disputes are often reconstructed through documents created long before anyone expected a lawsuit. The reliability and completeness of those records may affect both claims and defenses.
Stop routine destruction where appropriate
Organizations commonly delete email, recycle backups, overwrite security footage, or dispose of paper files under ordinary retention schedules. When litigation is reasonably anticipated, relevant automatic deletion processes may need to be suspended.
Preserve originals and context
Keep complete email threads, attachments, native electronic files, contract versions, accounting records, messages, photographs, and access logs. Screenshots can be useful, but they may omit metadata and surrounding context. Avoid writing on original papers or changing files.
Identify where information lives
Relevant material may exist on company servers, personal phones, cloud storage, accounting platforms, messaging apps, security systems, or devices used by former employees. Create an inventory before information becomes inaccessible.
Limit unnecessary discussion
New messages about a dispute can themselves become evidence. Keep communications factual, avoid speculation, and be cautious about social media. Do not attempt to conceal, delete, or alter unfavorable material.
Document economic effects
If the dispute has caused loss, preserve invoices, payment histories, canceled orders, repair estimates, payroll records, and other materials that may support or challenge a damages calculation.
Seek advice early
Counsel can help define the relevant scope, communicate a litigation hold, and balance preservation needs with business operations. Acting early is generally easier than attempting to recover information after it is lost.