Local governments, like all litigants, are facing a brave new world of electronic documents and discovery. When the 21st century ease of creating, sharing and destoying information meets the long-standing law of spoliation, there is a volatile mix.

Local government attorneys should take note of the evolving law on e-discovery and the importance of litigation holds of electronic information.

Attorney Erin R. McNeill has published on the Sands Anderson Risk Management blog an article addressing an important development in the case law dealing with electronic discovery, provided by Kelly A. Davidson (Sands Anderson PC Practice Group Support). Her article highlights the importance of litigation holds. While not Virginia law, this case illuminates some of the issues in e-discovery and may assist you in examining your litigation hold policies.

2010 Scheindlin Opinion on Sanctions, Spoliation, Collection and Litigation Holds...