Title: 
Headings: Litigation Holds: Ten Tips in Ten Minutes
Litigation
 
Holds:
 
Ten
 
Tips
 
in
 
Ten
 
Minutes

Introduction
 

Ten
 
Tips
 
for
 
Responding
 
to
 
Litigation
 
Hold
 
Letters
 

5.
 
Put
 
Your
 
Client’s
 
Hold
 
Notice
 
in
 
Writing,
 
and
 
Be
 
Specific:
    

ADDITIONAL
 
RESOURCES
 


Content: give
 
adverse
 
jury
 
instructions; or
 
exclude
 
evidence
 
if
 
the
 
court
 
later
 
concludes
 
relevant
 
evidence
 
was
 
destroyed
 
in
 
bad
 
faith. See,
 
e.g.,
 
Meccatech,
 
Inc.
 
v.
 
Kiser
 
et
 
al., Case
 
No. 8:05CV570,
 
2008
 
WL
 
6010937
 
(D.
 
Neb.
 
April
 
2,
 
2008)(Recommending
 
sanctions
 
including
 
striking
 
the
 
disobedient
 
party’s
 
answer
 
and
 
entering
 
default
 
judgment
 
against
 
it; holding
 
admissible
 
ESI
 
which
 
eventually
 
was
 
recovered
 
from
 
a
 
hard
 
drive; finding
 
certain
 
facts
 
contained
 
in
 
deleted
 
documents
 
were
 
established
 
for
 
purposes
 
of
 
the
 
action; and
 
precluding
 
disobedient
 
parties
 
from
 
defending
 
against
 
certain
 
of
 
the
 
plaintiff’s
 
claims); Board
 
of
 
Regents
 
of
 
the
 
University
 
of
 
Nebraska
 
v.
 
BASF
 
Corp.,
 
Case
 
No. 4:04CV3356,
 
2007
 
WL
 
3342423
 
(D.
 
Neb.,
 
Nov.
 
5,
 
2007)(Recommending
 
Plaintiff’s
 
counsel
 
be
 
required
 
to
 
produce
 
affidavits
 
showing
 
efforts
 
to
 
preserve
 
electronic
 
information
 
going
 
forward;