Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions? A recent case, relating to the late, great rock band Lynyrd Skynyrd, answers that question in the affirmative, see Ronnie Van Zant v. Pyle, No. 17 Civ. 3360 (RWS) , 98 Fed. R. Serv.3d 719 (S.D.N.Y. 2017).
Rock music fans will recall the Lynyrd Skynyrd band, and its hit songs like “Freebird” and “Gimme Three Steps.” Fans may also recall that the band’s lead singer and primary songwriter, Ronnie Van Zant, died in a tragic private plane crash in 1977. Other members of the band were also killed or critically injured in the crash. Following the crash, Van Zant’s widow, other family members and some surviving members of the band entered into a “blood oath” never to perform again under the Lynyrd Skynyrd name. A commemorative tribute tour 10 years later resulted in a legal dispute which was resolved in 1988, by a consent order signed by multiple parties, including the band’s former drummer, Artimus Pyle. The consent order provided that former band members could again perform under the Lynyrd Skynyrd name, if certain conditions were met, but signatories were permanently restrained and enjoined from exploiting the history of the Lynyrd Skynyrd band (including in movies or books) without the advance written approval of the other original band members and the Van Zant estate.
