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]

LOADING PDF: If there are any problems, click here to download the file.

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.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

Written by:


Robert Freedman - Partner at Tharpe & Howell, LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.