In the immediate post Zubulake world, lets call it Legal Hold 1.0, courts were content just knowing that a company took the time to issue a formal litigation hold verbally or in writing.  Given the newly emerging world of e-discovery courts often asked for better legal hold procedures, but were not cracking the whip yet. 

Fast foward to today – post 2006 FRCP e-discovery amendments.  The trend is far from tolerance for a lax legal hold business process.   The judiciary’s patience with lawyers and litigants…