Recent legal developments underscore the importance of adhering
to evidence- preservation obligations. A party can face severe
sanctions for failing to preserve critical documents, including
email accounts of former employees. Sanctions can vary from
reasonable attorney fees and expenses in connection with a motion
for sanctions to having certain facts established, or, in the worst
case, dismissal of the entire case or a default judgment. Rule
37(b)(2) gives the court latitude on the types of sanctions it can
impose.
Below are a few takeaways that could save you and your client
from sanctions.
1. Be Diligent with Evidence Preservation
Upon notice of pending or probable litigation, immediately
retain the email accounts of key personnel, including former
employees if the accounts are still in the client's possession.
Not doing so could lead to the deletion of potentially crucial
evidence.
