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.