Blog Archives

I’m Responsible To Do What? Counsel’s Affirmative Duty To Ensure Compliance With Litigation Holds

A corporate defendant discovers that it will be subject to litigation, yet it actively destroys probative, relevant evidence. Many of us have read, or heard of, opinions where judges have punished a spoliating-defendant by issuing sanctions anywhere from an adverse

Tagged with:
Posted in Articles, duty, preservation, preserve, spoliation

When Does the Duty to Preserve Electronic Evidence Arise?

The duty to preserve electronic evidence is triggered once a party “reasonably anticipates” litigation. Silvestri v. GMC, 271 F.3d 583, 591 (4th Cir. 2001);  Pension Committee of the Univ. of Montreal Pension Plan v. Banc of Am. Securities, LLC, 685 F.

Tagged with:
Posted in Articles, duty, evidence, preserve
Subscribe To Our Posts

Email:

Categories
Cozen O’Connor Blogs