Law360, New York (May 08, 2012, 1:02 PM ET) -- On April 20, 2012, Magistrate Judge Frank Maas handed down an opinion in GenOn Mid-Atlantic LLC v. Stone & Webster Inc., No. 11 Civ. 1299(HB)(FM) (S.D.N.Y. Apr. 20, 2012) that should be of concern to corporations.
Although Judge Maas denied Stone & Weber’s (Shaw’s) motion for sanctions, he held that the data of an outside contractor, hired by a corporation’s retained counsel, was within the corporation’s “practical control” for preservation purposes. This means that corporations may be responsible for the preservation of data maintained by a...
Extending Preservation Obligations Of 3rd Parties
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