In an earlier post (SEE reference to my top 10 list), I noted the importance of issuing a timely and proper legal hold notice. In case you failed to appreciate the critical importance of this step, a reading of the insurance case of Fidelity Nat. Ins. Co. v. Captiva Lake Invs., 2015 WL 94560 (E.D. Mo. Jan. 7
Better Not Toss A “Crashed” Computer
Judge Kimba M. Wood found for the first time in the Second Circuit in Dorchester Financial Holdings Corp. v Banco BRJ, S.A. that a party must not destroy a “crashed” computer, or it will be subject to a punitive adverse inference. One of the issues in the case was the propriety of certain documents which the defendant claimed were forged.