September 20, 2016

In this article, Jenner & Block Partner Robert L. Byman examines a recent US District Court for Delaware opinion regarding litigation holds.  Mr. Byman explores the implications of GN Netcom v Plantronics, in which the court fined Plantronics $5 million after the senior vice president of sales directed staff to destroy incriminating emails after the litigation hold was in place.  “Time-share condos, cold-sores and email have one thing in common,” Bob observes.  “They are all nearly impossible to get rid of.”  He offers background of the case and urges lawyers to read the opinion of Judge Leonard P. Stark.  “Litigation holds are not enough. Training sessions are not enough.  Employees who are given litigation holds should also be given Stark’s opinion – a stark reminder that there are real consequences to ignoring a hold.”