Next, in-house counsel may want to instruct an organization's information services personnel or appropriate individuals to suspend the normal document retention policies and require that all electronic information is preserved. It is insufficient for an organization to issue a litigation hold notice and then to rely upon its employees to comply with that hold notice.
Furthermore, once the litigation hold notice is issued, an organization should supervise its employees and remind them of their duty to preserve evidence. An organization may also wish to take additional steps, as possible, to ensure that its employees are complying with the issued litigation hold notice.
By following these principles, organizations can potentially avoid the sanctions imposed upon Apple and Samsung, thereby reducing both litigation risks and costs.
Ryan E. Borneman is an associate in the trial practice group of Duane Morris' Philadelphia office. He practices in the areas of commercial, consumer lending and financial services litigation and appellate practice. The views expressed in this article are those of the author and do not necessarily reflect the views of the author's law firm.
This article originally appeared in The Legal Intelligencer.