If you do not follow the Medium Blog, "Rethink the Practice," do yourself a favor and start today. This post on the potential role of luck in the outcome of high-value legal matters is a thought-provoking read. To summarize, the article explores the concept of "the paradox of skill," which suggests that as skill increases, luck plays a more essential role. For example, in baseball, as more batters and pitchers hone their skills, luck increasingly becomes a determinent in a hitter's batting average. Read the full post:
Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep it no longer exists. When the obligation to preserve is gone, companies should release the hold, track it for later analysis, and return to normal record keeping practices.