Deciding Whether To Institute A Litigation Hold

Law360, New York (April 10, 2013, 11:56 AM EDT) -- Many companies are familiar with the duty to preserve any evidence that may be relevant to a pending litigation. Equally important, however, is the duty to preserve any evidence that may be relevant to a reasonably anticipated litigation. As stated by the District Court for the Southern District of New York in the groundbreaking Zubulake line of cases: “Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a ‘litigation hold’ to ensure the preservation of relevant documents.”[1]...
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