Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention
As all of us are likely painfully aware, the volume of emails, correspondence and other documents that we generate and receive, whether we’re at home or at work, seem to grow at an ever-increasing rate. At home, we can often...more
The new Employment Pension Plans Act (EPPA) and the accompanying Employment Pension Plans Regulation (EPPR), which came into force on September 1, 2014, are reforming the pension regulatory landscape in Alberta.
Although a suit against a particular officer of a corporation for sexual harassment would clearly trigger a litigation hold, what must counsel do about less obvious players in a more abstract dispute? The recent case of AMC...more
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more
When a US District Court judge fined Boehringer Ingelheim almost $1 million at the end of last year for failure to preserve documents regarding the blood thinner Pradaxa, the decision served as a precursor to a similar...more
There's an old saying "The Devil is in the Details." If you are an employer, what you record in a document, whether its marketing materials or employee evaluations, can be used for or against you at trial. Documents can make...more
The term “deer in the headlights” explains the mental state of a person who shows behavioral signs that remind us of a deer subjected to a car’s headlights where the deer is in such panic that they show no motor reaction to...more
Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more
Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more
In an age where the management of data is largely electronic, employers have a much greater opportunity to collect and retain vast amounts of information, much more than ever before. This information is useful to have on file...more
Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer's interests and limit its liability in the event of an...more
As we discussed in our previous spoliation post, parties are required to place a litigation hold on all documents once litigation could be reasonably anticipated. Although there are certain definite “trigger events”, such as...more
Presented by Gina L. Simms and James P. Holloway of Ober|Kaler's Government Investigations and White Collar Defense Group, this podcast provides guidance to health care providers and other corporations on how to respond to a...more
In This Issue:
- The Duty to Preserve
..What triggers the duty to preserve?
..Who has a duty to preserve?
..What is the scope of the duty to preserve?
- Litigation Hold Notices
Litigants in all industries, including construction, have to deal with electronic documents. Collecting, processing, reviewing and producing these documents involves substantial expenditures of time, manpower and money, often...more
Are you being served? (A check list of steps for defendants in employment cases to take at the beginning of a lawsuit.)
The purpose of this article is to provide a checklist of steps to take at the beginning of a state...more
Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...more
Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world....more
If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more
A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors....more
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