Document Retention Is Paramount in New Jersey Business Litigation


Document Retention Is Paramount in New Jersey Business Litigation

by Christine M. Vanek on July 2, 2012

A recent decision by a New Jersey appeals court highlights the importance of document retention during business litigation. The court upheld sanctions against a New Jersey law firm for failing to take adequate precautions to retain privileged emails exchanged between the client and a former attorney.

The case, Goldmark v. Mellina, involved a real estate contract dispute. The buyers argued that they had negotiated a settlement relieving them of their contractual obligations, while the seller maintained they had breached the contract. To prove the existence of a settlement, the buyers sought discovery of two e-mails in which the seller discussed the settlement negotiations with their prior attorney.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Christine Vanek, Scarinci Hollenbeck, LLC | Attorney Advertising

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