http://ow.ly/66qpQ
Article by Catherine Hamilton, appearing on the e-Discovery Law Review website (www.ediscoverylawreview.com).
This detailed and informative article cites several of the leading cases regarding the issue of the duty to preserve electronic information, and when such an obligation arises.
It appears to the writers of this blog that many large corporate entities still take the position that the duty to preserve attaches when they receive a complaint. It seems patently clear from existing case law that the duty to preserve can arise well before a complaint is ever filed. This article certainly can prove to be a valuable reference for those that wish to learn more about triggering events that would require a corporation to begin a litigation hold, and to start preserving electronic evidence. For attorneys that ignore current case trends that impact this issue, the many examples of spoliation sanctions should serve as serious warning.
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