As we have reported before (see here), the downturn in the economy poses a serious risk that organizations will compromise legal holds. Failing to protect a legal hold during downsizing can result in the inadvertent destruction of evidence that the organization has a duty to preserve. Whenever evidence is destroyed, bad things can happen (such as sanctions, adverse inference instructions and bad publicity to name a few.)
William S. Horn, of Cohasset Associates checks in from the eduction arm of the Managing Electronic Records (MER) Conference. To view his article Are Layoffs Exposing You to Legal Hold Violations (MER Education 2009) click here: http://www.mereducation.com/resources/item.php?id=1.