When a lawsuit is filed or you receive a subpoena or notice of government investigation, one of the first things on your “to do” list should be the preservation of potentially relevant documents and evidence. In terms of litigation, this duty arises when a lawsuit is reasonably anticipated. Waiting to preserve evidence until after a lawsuit is filed can have serious negative consequences, especially if information is lost. Failure to preserve evidence when you have a duty to do so is called spoliation, and can result in additional litigation...
