E-Discovery Litigation Holds

Preserving company E-mail that may be relevant in litigation is important for every business. Failure to do so can open a company to liability for breaching the duty to preserve evidence.

Sending a notice to employees who may have relevant E-mail is an important step in preserving such evidence. The notice, commonly referred to as a litigation hold, should instruct employees not to discard or erase such E-mails.

A recent decision by the 2nd Circuit Court of Appeals held that failure to send a litigation hold doesn’t constitute gross negligence per se, resulting in grounds for judicial sanctions, but it is an important factor to consider in determining if sanctions are warranted. [Chin v. Port Authority, 7/10/12]

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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.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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