Zubulake Standard Applied in U.S. v. Phillip Morris

When a lawsuit looms, corporate counsel have traditionally known what to do. They issue a litigation hold, telling company employees to maintain all records related to the disputed matter. Unfortunately, that's not good enough any more. Attorneys can no longer simply issue instructions and leave it up to company employees to comply. Two recent federal court rulings hold companies and their counsel to a higher standard, requiring them to act aggressively and proactively in order to preserve company records. Otherwise, a company that destroys discoverable records can face harsh sanctions for spoliation.

11 minute read September 02, 2004 at 02:46 PM

Whitney Adams

When a lawsuit looms, corporate counsel have traditionally known what to do. They issue a litigation hold, telling company employees to maintain all records related to the disputed matter.

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<i>Zubulake</i> Standard Applied in <i>U.S. v. Phillip Morris</i>

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Real Property Law

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy