July 25, 2013
With the amount of electronically stored information (ESI) growing rapidly, government agencies are becoming increasingly concerned about the necessity to preserve ESI and the negative consequences that may result from the failure to preserve (See Laboratory Corp. v. United States, Fed. Cl. No. 12-622C (Jan. 14, 2013).
Failure to take reasonable steps to protect ESI for potential audits, investigations, administrative proceedings, or anticipated litigation can put an agency at a higher risk of being sanctioned for “spoliation.” According to The Sedona Conference® Glossary: E-Discovery & Digital Information Management (third edition), “spoliation” is “the destruction of records or properties, such as metadata, that may be relevant to ongoing or anticipated litigation, government investigation or audit.” Sanctions for spoliation include reprimands, monetary penalties, dismissal, default judgment, and negative inference jury instructions.
So how can government agencies protect themselves from potential spoliation claims? In Preservation and Legal Holds in the Public Sector, I will address these issues and pitfalls regarding preservation of ESI, and offer processes and best practices to avoid being sanctioned for spoliation of ESI. Read the white paper>>