Tackling eDiscovery Before it Bites

more+
less-

Now consider the duties imposed by state and federal law on parties to a lawsuit. For example, a duty to preserve arises when litigation becomes foreseeable and requires both suspension of current policies that might alter or destroy relevant ESI and affirmative steps such as issuance of written litigation holds and identification of key ESI custodians and locations.

For entities that generate staggering amounts of data on a daily basis, cost-effective compliance may seem impossible. On the other hand, ignoring these obligations creates an even greater risk, particularly as more and more plaintiff s discover that noncompliance can be an eff ective Hail Mary pass. Courts have considerable leeway when it comes to sanctions, which oft en range from monetary penalties, to adverse inferences and jury instructions (i.e., the jury may assume the lost data would have supported a plaintiff ’s claim had it been preserved), to outright dismissal or judgment in more egregious cases.

Please see full alert below for more information.

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

Written by:

Published In:

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.

© Lane Powell PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×
Loading...
×