Concluding Litigation Hold and Document Retention Policies are "Clearly Unacceptable," In this case involving alleged trade dress and copyright infringement and related claims, the court addressed Defendants' allegations of spoliation and focused in particular on Plaintiff’s litigation hold and document retention policies, which it concluded were “clearly unacceptable.” Recognizing that it was “unlikely” that relevant documents were destroyed, the court nonetheless allowed depositions to be taken at Plaintiff’s expense and indicated its potential willingness to issue an adverse inference instruction or to dismiss some or all of Plaintiff’s claims if it was determined that spoliation occurred. http://bit.ly/T9R1LD Source: http://www.ediscoverylaw.com/2012/10/articles/case-summaries/concluding-litigation-hold-and-document-retention-policies-are-clearly-unacceptable-court-allows-depositions-to-determine-if-spoliation-occurred/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+ediscoverylaw/klgates+(Electronic+Discovery+Law)&utm_content=Google+Reader See if people are clicking on this link: http://bit.ly/T9R1LD+ Try the bitly.com sidebar to see who is talking about a page on the web: http://bitly.com/pages/sidebar List archives at http://lists.ufl.edu/archives/recmgmt-l.html Contact [log in to unmask] for assistance To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message. mailto:[log in to unmask]
