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Legal Hold/Preservation: N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017). In this case, the court declined to impose sanctions for a litigation hold that gave employees discretion when preserving documents, citing no prejudice to the opposing party. However, the court clarified that because data storage is inexpensive, there is less justification to allow employees preservation discretion, and that “the best approach is to implement a server-side hold on all digital data utilized by key employees and to later use search algorithms to parse relevance.”

With a growing number of COVID-19 cases around the U.S., companies are flooding their attorneys with questions over how to deal with the pandemic. Privacy challenges regarding asking and sharing workers’ health information are also highly requested, lawyers said.

“Right now the outbreak does pose a lot more challenges with how you protect employees and the public and not disclose [their] information,” said Dora Wang, a partner in Reed Smith’s global regulatory enforcement group. 

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Victoria Hudgins

I am a reporter for Legaltech News, where I cover national and international cyber regulations and legal tech innovations and developments.

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