Understanding the duty to preserve evidence in Florida

In 2004 the District of Columbia sanctioned Philip Morris with a $2.75 million fine for deleting e-mails after a judge ordered the company to preserve all records. In 2009 the Middle District of Florida imposed spoliation sanctions for destruction of e-mails calendar entries and text messages that were stored on portable electronic devices.

A legal hold is an essential element of a company’s overall records management program. It is a communication within a business suspending the normal destruction of all records—paper or electronic—related to a current or anticipated litigation audit government investigation or other matters to comply with its discovery obligations.

Understanding and properly implementing a legal hold can make or break a case in litigation. Florida and Federal law currently feature different standards for when a party should implement a litigation hold to preserve evidence.

IN THIS SEMINAR YOU WILL LEARN

• When does the preservation obligation begin
• How to plan for a litigation hold
• How to adequately implement a litigation hold