Extending Preservation Obligations Of 3rd Parties

Law360, New York (May 8, 2012, 1:02 PM EDT) -- 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...
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