Numerous courts have imposed sanctions on companies for negligent spoliation of documents under records-retention/destruction policies as punishment for violation of the common-law duty to preserve records when litigation is reasonably anticipated.
When Should Records Be Retained or Destroyed ' or Not?
Numerous courts have imposed sanctions on companies for negligent spoliation of documents under records-retention/destruction policies as punishment for violation of the common-law duty to preserve records when litigation is reasonably anticipated. In the aftermath of these cases, many companies have implemented litigation-hold policies to preserve potentially relevant documents.
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