Tip of the Month, January 2011 - Reducing the Costs of E-Discovery: Preservation and Proportionality
31 January 2011
Mayer Brown Legal Update
An organization is named as a defendant in a large-scale antitrust class action filed in federal court. The organization’s legal department immediately issues a broad preservation notice to personnel in nearly all of its domestic offices, suspends its email auto-delete function, issues preservation requests to its foreign affiliates and begins to consider extraordinary preservation efforts. One week later, the same organization is served with a complaint in a discrete employment matter involving the alleged wrongful termination of one of its sales associates. The organization, concerned about ensuring that it does not run afoul of its preservation obligations, contemplates whether its preservation plan for the employment action must be the same as that of the antitrust action.