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.
<i>Zubulake</i> Standard Applied in <i>U.S. v. Phillip Morris</i>
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. <br>Unfortunately, that's not good enough any more. Attorneys can no longer simply issue instructions and leave it up to company employees to comply. <br>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.
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