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Employee Departures and Data Loss
Here is a scenario that should make in-house counsel pause: An employee who is (or should be) on legal hold leaves the organization and her PC is “recycled” by the IT department. All electronically stored information (ESI) is destroyed, the employee's mobile device also goes out the door and the employee's cloud-based repositories disappear into the ether. Soon thereafter, an opposing litigant discovers that potentially responsive ESI from the employee has not been preserved. A motion for sanctions quickly follows. Even if the organization is not sanctioned, other e-discovery failures that occur, even if unrelated, will accumulate and test the court's patience.
Several court cases illustrate this potential and its consequences.
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