What obligations are there to retain electronic information before, during and after a lawsuit?
Minneapolis Business Litigation Attorney Michael Glover talks about why you should retain electronic information throughout the lawsuit process.
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The obligation really goes in a couple different stages. The most preliminary one is that when you know, as a company, that litigation is likely to happen, even though you haven’t been served with a summons, a compliant, received a letter from anybody, the best course of action is to lock down that information and make sure it does not get destroyed. That obligation increases. If a lawsuit does start, you are likely to receive a letter or a summons and complaint.
And that ramps up the obligation to secure the that information and the obligation to put it in a place and only have it available to people who need to have it. While the litigation is going, obviously consult with your lawyers to make sure that if any documents can be destroyed that the lawyer approves of that being done. And the worst thing you can have happen in any kind of an employment lawsuit is a document being destroyed because a document being destroyed is usually construed against you.