Know When and How to Hold 'em.

Mondaq Business BriefingNbr. 2006, January 2006

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Summary


Litigation

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Know When and How to Hold 'em.

Parties have an obligation to preserve records, including Emails, even before a lawsuit is filed. Once litigation is commenced, companies must take reasonable steps to safeguard potentially relevant evidence. Many companies are struggling with developing policies and procedures to comply with these obligations. Indeed, these struggles have been recounted in numerous, well-publicized decisions.1 This Update discusses best practices for managing Emails, implementing litigation holds and the potential pitfalls that result from simply retaining all Emails. ...

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