Court’s Broad Definition of “Control” Requires That Litigation Hold Include Independent Agents

The definition of “possession, custody, or control” under FRCP 34(a) will be construed broadly and a party is not required to have physical possession of the documents to be in control of them. Therefore, companies that use independent agencies should be conscious of the requirements and provisions they place in agency contracts because they can be inferred to give rise to discovery obligations.  To read ELLBlog's analysis of Haskins v. First American Title Insurance Co., Civil No. 10-5044 (D.N.J. 2012) click here.