Skip to main content

  • AddRemove
  • Build a Report 
Legal Update

Technology Company Sanctioned for Failure to Preserve Former Employee Data; Higher Expectation of Competence for Technology Companies in Managing ESI

14 October 2010
Mayer Brown Legal Update
A technology company was held to a higher standard of competence in implementing its preservation obligations by the District Court of the Southern District of New York, which imposed sanctions on the company for discovery violations in its defense of a lawsuit filed by two former employees. The Court’s order is a reminder that the departure of an employee is a situation fraught with potential electronic discovery challenges, that in-house counsel has a continuing responsibility to monitor the implementation of legal holds, and that any misrepresentations of discovery efforts (even if not intentional) can have negative consequences.

The Build a Report feature requires the use of cookies to function properly.  Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently.  If you do not accept cookies, this function will not work.  For more information please see our Privacy Policy

You have no pages selected. Please select pages to email then resubmit.