Extract from Mike Hamilton’s article “Case Law Alert: Data Retention Policies Save Spoliating Party”
In this employment case, the plaintiff motioned for spoliation sanctions against her former employer, the defendant, for not preserving the plaintiff’s work computer.
After being fired by the defendant, the plaintiff’s counsel sent a notice reminding the defendant of their obligation to preserve data. Nevertheless, via deposition, the defendant’s IT supervisor said that the plaintiff’s computer was given to a charitable organization just 4 days after receiving the notice to preserve.
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