Best Practices For Avoiding Spoliation Sanctions

Law360, New York (October 29, 2013, 5:16 PM EDT) -- “Preservation” or “litigation hold letters” are notifications from attorneys advising potential litigation targets that a lawsuit is being contemplated, and instructing a person or entity to preserve all evidence that relates to the contemplated lawsuit. These letters are often directed to local office personnel who may not understand the practical and legal implications.

Litigation hold letters trigger a very specific obligation on the part of the recipient. These letters place the burden to preserve potentially damaging evidence on the targeted defendant or third-party in control of...
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