Your Preservation Letter Is Missing These 6 Data Sources
I’m sure that you have reviewed a lot of preservation letters. Some of them are excellent — thorough, specific, and sent at exactly the right moment. Others read like they were written in 1997 and then never updated, which, in fairness, some of them were. Still others never got sent. So many times I have talked with a client whose STBX (soon-to-be-ex) spouse or otherwise opponent was still using their phone when incriminating texts may not yet have been nuked – but were about to be, and no preservation letter yet sent. The common ESI preservation letter asks for emails, text messages, and documents on the company laptop. And maybe some Cl oud-stored stuff. That’s a start. It’s just not nearly enough anymore. The average person in 2026 interacts with digital data across a dozen different platforms and devices every day, and most of that data isn’t sitting in anyone’s email inbox waiting to be requested. Here’s what’s missing from most of the preservation letters that cross ...