“Don’t Get Spoiled By Spoliation: The Importance of Litigation Hold Notices,” ACC Docket
In its May 2015 issue, the ACC Docket published Joseph C. Sullivan’s article, “Don’t Get Spoiled By Spoliation: The Importance of Litigation Hold Notices.” The article, co-authored by Amy Burton Loggins, AGC/Global Labor and Employment Counsel for Harsco Corporation, discusses the use of litigation hold notices – letters that place all pertinent personnel on notice of a recently filed litigation. Mr. Sullivan and Ms. Loggins explain why litigation hold notes are important tools in defending against a lawsuit, including by use of the following strategies: notifying personnel to maintain any and all documents/computer files potentially relevant to the case, ensuring that your company has the evidence necessary to defend against the claim being asserted and, most importantly, protecting your company from any possible claims of spoliation of evidence. They suggest establishing and formalizing the litigation hold process to serve as a good start to avoid devastating pitfalls. Read the full article.