E-discovery: Potential litigation looming, Now what?

In previous posts we briefly delved into the requirement to preserve and/or produce electronic information for electronic discovery, and the forewarning that the failure to do so can have dire consequences in the form of facing monetary fines from the Court overseeing the matter. This post aims to provide more in depth information regarding spoliation laws so that lawyers and clients do not fail to preserve a litigation hold which may bring sanctions that may entail substantial fines. Courts may issue sanctions when spoliation (destruction of evidence) appears to be inadvertent, without any malicious intent, or without knowledge of e-Discovery…