From
The KDDK Advantage - October 2006
Preserving E-Evidence
Under both state and federal law, every
business and individual has a duty to preserve any and
all evidence – paper or electronic – which may become
relevant in the event of litigation. This duty, triggered
when litigation is “reasonably foreseeable,” has become
increasingly burdensome due to technology which today
preserves most evidence in electronic formats.
The penalties for failing to properly preserve evidence
can be severe – including fines, the presumption
that the unpreserved evidence would have been harmful,
or even a judgment against the party that failed to preserve evidence. For
these
reasons it is recommended that all businesses consult with their IT departments
and legal counsel to establish procedures that ensure electronic information
is protected when mandated by the court – or when it becomes apparent that
a lawsuit may be eminent.
For more specific
information regarding what triggers your duty to preserve
evidence, steps which may be
taken in advance to prepare for electronic discovery,
and
steps which must be taken in order to properly preserve all electronic evidence,
contact Kristi Prutow Cirignano at 812-423-3183 or kcirignano@kddk.com.
Kristi Prutow
Cirignano practices in the areas of labor and employment
law, litigation and trial services,
and civil rights / constitutional litigation.
After being sued for overtime and wage violations, an Arkansas company moved
its paper employment records to a Mississippi beach house in anticipation of
the arrival of Hurricane Katrina. It then overwrote its electronic documents.
The beach house was destroyed by the hurricane, and a federal court required
the company to pay a class of migrant workers $36,000 in attorneys’ fees as
sanctions for the discovery violations.
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