Legal Hold May Keep You Out Of Jail Over E-Discovery

Law360 (October 1, 2010, 10:57 AM EDT) -- Courts are taking destruction of evidence seriously. Recently, in Victor Stanley Inc. v. Creative Pipe Inc., No. MJG-06-2662, 2010 WL 3530097 (D. Md. Sept. 9, 2010), Judge Paul Grimm found the defendant in contempt of court for spoliation and sentenced him to up to two years in jail, unless he pays plaintiff’s costs.

In view of Victor Stanley and other opinions foreshadowing a trend toward harsher sanctions, litigants are well-advised to follow the guidance set forth earlier in 2010 in Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of America Sec. LLC, 685 F. Supp. 2d 456 (S.D.N.Y....

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