E-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants

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Advances in technology over the last decade have changed the way that companies communicate with customers, with clients and with each other. Rather than making phone calls or sending letters, employees today, armed with lap tops and the latest hand held devices, zip off unprecedented numbers of emails and text messages all vying to provide the most current information possible. Clients now expect to be updated in "real time" and upper management demands that they be given the information necessary to make that happen.

While no one would argue that these advances have opened the door to allow companies to reach unparalleled levels of efficiency and service, the requirement to preserve this massive amount of electronic data when a company is deemed to have "reasonably anticipated litigation" has also become more important. Whether your company is planning to file suit or has been threatened with suit, failure to take steps to preserve electronic data can result in enormous fines and sanctions, as well as instructions to a jury that they are to presume that the destroyed documents would have harmed your case, if they were available.

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